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The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024

Type Ni-Statutory-Rule

Publication 2024-07-23

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 23rd July 2024

Coming into operation-: 14th August 2024

The Department for the Economy[^f00001] in exercise of the powers conferred by Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998[^f00002] and Articles 4(8) and 14(4) of the Higher Education (Northern Ireland) Order 2005[^f00003] makes the following Regulations.

PART 1

Introductory

Citation, commencement and application

1

(1) These Regulations may be cited as The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024.

(2) These Regulations come into operation on 14th August 2024.

(3) The following provisions of these Regulations apply only in relation to the provision of support, and to fees and awards applicable, in relation to a new academic year, whether or not anything done under these Regulations is done before, on or after 1st August 2024—

(a) regulations 3 to 6 (victims of domestic violence or domestic abuse);

(b) regulations 9 to 12 (children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner);

(d) regulations 16 to 20 (termination of eligible student status);

(e) regulation 21 (eligibility for home fee status in certain circumstances where leave to remain expired);

(f) regulation 22 and 23 (amendments relating to the Ukraine Permission Extension Scheme).

(4) In this regulation—

“academic year” is the period of twelve months beginning with 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins, according to whether the academic year of the course in question begins— on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August, or on or after 1st August and on or before 31st December;

“new academic year” means an academic year which begins on or after 1st August 2024.

Interpretation

2

In these Regulations—

(a) “the 2009 Regulations” means the Education (Student Support) (No.2) Regulations (Northern Ireland) 2009[^f00004].

(b) “the 2007 Regulations” means The Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007[^f00005].

PART 2

CHAPTER 1 — Victims of domestic violence or domestic abuse

Amendment to the 2009 Regulations

3

In regulation 2 (interpretation: general), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”[^f00006]—

(a) for “leave to remain”, in both places, substitute “leave to enter or remain”;

(b) for paragraphs (i) to (iii) of sub-paragraph (a), substitute—

(i) paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse[^f00007]; or (ii) where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);

4

In both regulation 2A(3)(f)[^f00008] (meaning of “protected category event”) and paragraph 4E[^f00009] of Schedule 2 (eligible students), in each place it occurs, including in the heading to paragraph 4E of Schedule 2, for “leave to remain”, substitute “leave to enter or remain”.

Amendments to the 2007 Regulations

5

In both regulation 5(10)[^f00010] (prescribed description of a qualifying person), in paragraph (e) of the definition of “protected category event” and paragraph 4E[^f00011] of the Schedule (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 4E of the Schedule, for “leave to remain”, substitute “leave to enter or remain”.

6

In the Schedule (qualifying persons), in paragraph 1(1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse”[^f00012]—

(a) for “leave to remain”, in both places, substitute “leave to enter or remain”;

(b) for sub-paragraphs (aa) to (cc), substitute—

(aa) paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or (bb) where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);

CHAPTER 2 — Afghan Relocations and Assistance Policy Scheme

Amendments to the 2009 Regulations

7

In regulation 2 (interpretation: general), in paragraph (1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”[^f00013], for sub-paragraph (a)(ia), substitute—

(ia) indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules[^f00014];

Amendments to the 2007 Regulations

8

In the Schedule (qualifying persons), in paragraph 1(1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”[^f00015], for sub-paragraph (a)(ia), substitute—

(ia) indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;

CHAPTER 3 — Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner

Amendments to the 2009 Regulations

9

In regulation 2A (meaning of terms including protected category event)[^f00016], in paragraph (3), in sub-paragraphs (f) and (h), after “the student” insert “or the student’s parent”.

10

In Part 2 of Schedule 2 (eligible students)—

(a) in the heading to paragraph 4D (persons granted indefinite leave to remain as a bereaved partner)[^f00017], at the end, insert “and their children”;

(b) paragraph 4D becomes sub-paragraph (1) of that paragraph;

(2) A person— (a) granted indefinite leave to remain; (b) who— (i) is the child of a person granted indefinite leave to remain as a bereaved partner; and (ii) on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner; (c) who was under 18 on the leave application date; (d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and (e) who is ordinarily resident in Northern Ireland on the course start date. (3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.

(d) in the heading to paragraph 4E (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse)[^f00018], at the end, insert “and their children”;

(e) paragraph 4E becomes sub-paragraph (1) of that paragraph;

(f) after that sub-paragraph (1) insert—

(2) A person— (a) granted indefinite leave to enter or remain; (b) who— (i) is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and (ii) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; (c) who was under 18 on the leave application date; (d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and (e) who is ordinarily resident in Northern Ireland on the course start date. (3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.

Amendments to the 2007 Regulations

11

In regulation 5 (prescribed description of a qualifying person), in paragraph (10)(d) and (e) in the definition of “protected category event”, after “the student” insert “or the student’s parent”.

12

In the Schedule (qualifying persons)—

(a) in the heading to paragraph 4D[^f00019] (persons granted indefinite leave to remain as a bereaved partner), at the end, insert “and their children”;

(b) paragraph 4D becomes sub-paragraph (1) of that paragraph;

(2) A person— (a) granted indefinite leave to remain; (b) who— (i) is the child of a person granted indefinite leave to remain as a bereaved partner; and (ii) on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner; (c) who was under 18 on the leave application date; (d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and (e) who is ordinarily resident in the United Kingdom on the course start date. (3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.

(d) in the heading to paragraph 4E (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children”;

(e) paragraph 4E becomes sub-paragraph (1) of that paragraph;

(f) after that sub-paragraph (1) insert—

(2) A person— (a) granted indefinite leave to enter or remain; (b) who— (i) is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and (ii) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; (c) who was under 18 on the leave application date; (d) who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and (e) who is ordinarily resident in the United Kingdom on the course start date. (3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.

CHAPTER 4 — Students settled in the United Kingdom

Amendments to the 2009 Regulations

13

In regulation 2A (meaning of terms including in-year qualifying event and settled status event)[^f00020]—

(a) in paragraph (2), after sub-paragraph (b), insert—

(ba) the student becomes a person described in paragraph 2 of Schedule 2;

(b) in paragraph (4), for the words from “means the student becomes a family member” to the end substitute—

means— (a) the student becomes a person described in paragraph 2A of Schedule 2; or (b) the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 2.

14

In Part 2 of Schedule 2 (eligible students)—

(a) in paragraph 2(1), omit “on the first day of the first academic year of the course”;

(b) in paragraph 2(1)(b) after “Northern Ireland”, insert “on the first day of the first academic year of the course”;

Amendments to the 2007 Regulations

15

In the Schedule (qualifying persons)—

(a) in the opening words of paragraph 2(1) omit “on the first day of the first academic year of the course”;

(b) in paragraph 2(1)(b), after “United Kingdom”, insert “on the first day of the first academic year of the course”;

CHAPTER 5 — Termination of eligible student status

Amendment to the 2009 Regulations

16

In regulation 5 (eligible students)—

(a) in paragraph (11)(b)[^f00023], for the words from “has expired” to the end of sub-paragraph (b), substitute—

has expired and— (i) no further leave to remain has been granted, (ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002[^f00024]), and (iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,

(b) in paragraphs (11A)(b)[^f00025], (11D)(b)[^f00026], and (11F)(b)[^f00027], after “has been granted” insert “and that person has not become a British or Irish citizen”;

(d) in paragraphs (11C)(b)[^f00029] and (12)(b)[^f00030], for the words from “has expired” to the end of sub-paragraph (b), substitute—

has expired and— (i) no further leave to remain has been granted; (ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and (iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,

(e) in paragraph (11E)(b)[^f00031], after “has expired” insert “and that person has not become a British or Irish citizen”;

(f) in paragraph (12A)(b)[^f00032], after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(g) in paragraph (12C)(b)[^f00033] after “protected rights” insert “and has not become a British or Irish citizen”.

17

In regulation 105 (eligible distance learning students)—

(a) in paragraph (11)(b)[^f00034], for the words from “has expired” to the end of sub-paragraph (b), substitute—

has expired and— (i) no further leave to remain has been granted; (ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002[^f00035]); and (iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen.

(b) in paragraphs (11A)(b)[^f00036], (11D)(b)[^f00037], and (11F)(b)[^f00038], after “has been granted” insert “and that person has not become a British or Irish citizen”;

(d) in paragraphs (11C)(b)[^f00040] and (12)(b)[^f00041], for the words from “has expired” to the end of sub-paragraph (b), substitute—

has expired and— (i) no further leave to remain has been granted; (ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and (iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,

(e) in paragraph (11E)(b)[^f00042], after “has expired” insert “and that person has not become a British or Irish citizen”;

(f) in paragraph (12A)(b)[^f00043], after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(g) in paragraph (12C)(b)[^f00044] after “protected rights” insert “and has not become a British or Irish citizen”.

18

In regulation 122 (eligible part-time students)—

(a) in paragraph (10)(b)[^f00045], for the words from “has expired” to the end of sub-paragraph (b), substitute—

has expired and— (i) no further leave to remain has been granted; (ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002[^f00046]), and (iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,

(b) in paragraphs (10A)(b)[^f00047], (10D)(b)[^f00048], and (10F)(b)[^f00049], after “has been granted” insert “and that person has not become a British or Irish citizen”;

(d) in paragraphs (10C)(b)[^f00051] and (11)(b)[^f00052], for the words from “has expired” to the end of sub-paragraph (b), substitute—

has expired and— (i) no further leave to remain has been granted; (ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and (iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,

(e) in paragraph (10E)(b)[^f00053], after “has expired” insert “and that person has not become a British or Irish citizen”;

(f) in paragraph (11A)(b)[^f00054], after “has been granted under those rules” insert “and A has not become a British or Irish citizen”;

(g) in paragraph (11C)(b)[^f00055] after “protected rights” insert “and has not become a British or Irish citizen”.

19

In regulation 139 (eligible postgraduate students)—

(a) in paragraph (12)(b)[^f00056], for the words from “has expired” to the end of sub-paragraph (b), substitute—

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