(b) on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person (by virtue of humanitarian protection under paragraph 339C of the immigration rules or as a stateless person under the immigration rules),

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom, and

(d) is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) A person who—

(a) is a protected child,

(b) on the leave application date was—

(i) under 18 years old, and

(ii) was the child of a person granted leave to enter or remain as a protected person or, as the case may be, the child of a person who was the spouse or civil partner of the person granted leave to enter or remain as a protected person on that date (by virtue of humanitarian protection under paragraph 339C of the immigration rules, stateless leave under the immigration rules or section 67 of the Immigration Act 2016 and the immigration rules, as the case may be),

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom, and

(d) is ordinarily resident in Wales on the first day of the first academic year of the course.

(4) In this paragraph—

(a) “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that resulted in P becoming a person granted leave to enter or remain as a protected person;

(b) “person granted leave to enter or remain as a protected person” means—

(i) a person granted leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules,

(ii) a person granted stateless leave,

(iii) a person with section 67 leave to remain, ...

(iv) a person with Calais leave , or

(v) a person with leave to enter or remain as a relevant Afghan citizen;

(c) “person granted stateless leave” means a person who has extant leave to remain as a stateless person under the immigration rules;

(d) “person with Calais leave” means a person with extant leave to remain under paragraphs 352J, 352K, 352L or 352T of the immigration rules (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave);

(da) “person with leave to enter or remain as a relevant Afghan citizen” means a person granted—

(i) indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules,

(ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ib) indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of the immigration rules,

(ii) leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme, or

(iii) indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme, ...

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) “person with section 67 leave to remain” means a person who has extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules;

(f) “protected child” means—

(i) a child of—

(aa) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules,

(ab) a person granted stateless leave, ...

(ac) a person with section 67 leave to remain , or

(ad) a person with leave to enter or remain as a relevant Afghan citizen;

(ii) a child of the spouse or civil partner of—

(aa) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules, ...

(ab) a person granted stateless leave , or

(ac) a person with leave to enter or remain as a relevant Afghan citizen;

(g) “protected spouse or civil partner” means a spouse or civil partner of—

(i) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules, ...

(ii) a person granted stateless leave , or

(iii) a person with leave to enter or remain as a relevant Afghan citizen.

Category 3 – Persons granted stateless leave and their family members

Category 4 – Persons with leave to enter or remain and their family members

Category 5 – Persons with section 67 leave to remain

Category 6 – Workers, employed persons, self-employed persons and their family members

Category 7 – Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

Category 8 – EU nationals

Category 9 – Children of Swiss nationals

Category 10 – Children of Turkish workers

Ordinary residence – additional provision

Further provision on ordinary residence: care leavers

Interpretation

12A

Where—

(a) the Welsh Ministers have determined that, by virtue of—

(i) falling within paragraph (1)(a)... (iv) or (v) of the definition of “person with protected rights”, or

(ii) meeting the conditions in paragraph 1(2)(a)... (iv) of Schedule 2,

a person (“A”) is an eligible student in connection with an application for support for a designated course, and

(b) as at the day before the relevant day, A is not a person with protected rights,

A’s status as an eligible student terminates immediately before the relevant day.

Misconduct and failure to provide accurate information

Reinstatement of eligibility after termination

Students becoming eligible during a course

Transfer of status

Category 2B - Persons granted leave to remain as a protected partner and their children

2B

(1) A person—

(a) granted leave to enter or remain as a protected partner,

(b) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave, and

(2) A person who—

(a) is the child of a person granted leave to enter or remain as a protected partner,

(b) on the leave application date was under 18 years old and was the child of a person granted leave to enter or remain as a protected partner,

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom, and

(d) is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) In this paragraph—

(a) “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to enter or remain as a protected partner;

(b) “person granted leave to enter or remain as a protected partner” means a person who has extant leave to enter or remain in the United Kingdom as either a victim of domestic violence or domestic abuse or as a bereaved partner , granted in any of the following cases—

Case 1

In the case of a person granted leave to remain before 31 January 2024, under any of the following provisions of the immigration rules—

(i) paragraphs 289B and 289D (victims of domestic violence),

(ii) paragraphs D-DVILR.1.1. and D-DVILR.1.2. of Appendix FM (victims of domestic abuse),

(iii) paragraphs 40 and 41 of Appendix Armed Forces (victims of domestic violence who are partners of members of the armed forces),

(iv) paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved spouses or civil partners),

(v) paragraphs D-BPILR.1.1. and D-BPILR.1.2. of Appendix FM (bereaved partners),

(vi) paragraphs 36 and 37 of Appendix Armed Forces (bereaved partners), or

(vii) paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners).

Case 2

In the case of a person granted leave to enter or remain on or after 31 January 2024, under either of the following provisions of the immigration rules—

paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

paragraph BP 11.1 of Appendix Bereaved Partner.

Case 3

In the case of a person granted leave to enter or remain on or after 5 October 2023 as a bereaved partner, under paragraph AF (GHK) 14.1 of Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 of the immigration rules.

Case 4

In the case of a person granted leave to enter or remain before 5 October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1 July 1997.

Category 3 – Persons granted stateless leave and their family members

Category 4 – Persons with leave to enter or remain and their family members

Category 5 – Persons with section 67 leave to remain

Category 6 – Workers, employed persons, self-employed persons and their family members — courses beginning before 1 August 2021

Category 6A - Workers, employed persons, self-employed persons and their family members with protected rights

6A

(1) A person with protected rights or a frontier worker, within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who—

(a) is one of the following—

(i) an EEA migrant worker or an EEA self-employed person, who is ordinarily resident in Wales on the first day of the first academic year of the course;

(ii) a Swiss employed person or a Swiss self-employed person, who is ordinarily resident in Wales on the first day of the first academic year of the course;

(iii) a family member of a person mentioned in sub-paragraph (i) or (ii), who is ordinarily resident in Wales on the first day of the first academic year of the course;

(iv) an EEA frontier worker or an EEA frontier self-employed person;

(v) a Swiss frontier employed person or a Swiss frontier self-employed person;

(vi) a family member of a person mentioned in sub-paragraph (iv) or (v), and

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