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The Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021

Type Welsh-Statutory-Instrument
Publication 2021-01-06
State In force
Jurisdiction Wales
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
Reform history JSON API PDF

Made: 6 January 2021

Laid before Senedd Cymru: 7 January 2021

Coming into force: 28 January 2021

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State under sections 1 and 2 of the Education (Fees and Awards) Act 1983[^f00001] and sections 22(2)(a) and 42(6) of the Teaching and Higher Education Act 1998[^f00002] now exercisable by them[^f00003] and powers conferred on them under sections 5(5)(b) and 55(2) of the Higher Education (Wales) Act 2015[^f00004] make the following Regulations:

PART 1 — TITLE AND COMMENCEMENT

Title and commencement

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PART 2 — AMENDMENTS TO THE EDUCATION (FEES AND AWARDS) (WALES) REGULATIONS 2007

Amendments to the Education (Fees and Awards) (Wales) Regulations 2007

2

The Education (Fees and Awards) (Wales) Regulations 2007[^f00005] are amended in accordance with regulations 3 and 4.

3

In the Schedule, in paragraph 4A (persons granted stateless leave and their family members)—

(1) A person granted stateless leave who is ordinarily resident in the United Kingdom on the first day of the first year of the course.

4

In the Schedule, in paragraph 5A (persons with section 67 leave to remain)—

PART 3 — AMENDMENTS TO THE EDUCATION (EUROPEAN UNIVERSITY INSTITUTE) (WALES) REGULATIONS 2014

Amendments to the Education (European University Institute) (Wales) Regulations 2014

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PART 4 — AMENDMENTS TO THE HIGHER EDUCATION (QUALIFYING COURSES, QUALIFYING PERSONS AND SUPPLEMENTARY PROVISION) (WALES) REGULATIONS 2015

Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015

12

The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015[^f00008] are amended in accordance with regulations 13 and 14.

13

In the Schedule, in paragraph 4A (persons granted stateless leave and their family members)—

(1) A person granted stateless leave who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

14

In the Schedule, in paragraph 5A (persons with section 67 leave to remain)—

PART 5 — AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (WALES) REGULATIONS 2017

Amendments to the Education (Student Support) (Wales) Regulations 2017

15

The Education (Student Support) (Wales) Regulations 2017[^f00009] are amended in accordance with regulations 16 to 34.

16

In regulation 2(1), in the definition of “person with leave to enter or remain”, in paragraph (a)(i), omit “humanitarian protection or”.

17

After regulation 4(9A) insert—

(9B) Where— (a) the Welsh Ministers have determined that, by virtue of being a person granted humanitarian protection under paragraph 339C of the immigration rules or the spouse, civil partner, child or step-child of such a person, a person (“A” in this paragraph) was— (i) an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course, or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the present course; or (ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and (b) as at the day before the academic year in respect of which A is applying for support starts, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002, A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

18

In regulation 4(11), after “(9A),” insert “(9B),”.

19

For regulation 15(b) substitute—

(b) the student or the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;

20

For regulation 23(12)(b) substitute—

(b) the student or the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;

21

For regulation 49(2)(b) substitute—

(b) the student or the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;

22

After regulation 64(10A) insert—

(10B) Where— (a) the Welsh Ministers determined that, by virtue of being a person granted humanitarian protection under paragraph 339C of the immigration rules or the spouse, civil partner, child or step-child of such a person, a person (“A” in this paragraph) was an eligible distance learning student in connection with an application for support for an earlier year of the present distance learning course or an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the present distance learning course; and (b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection under paragraph 339C of the immigration rules is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002, A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.

23

In regulation 64(12), after “(10A),” insert “(10B),”.

24

For regulation 65(4)(b) substitute—

(b) the student or the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;

25

After regulation 81(9A) insert—

(9B) Where— (a) the Welsh Ministers determined that, by virtue of being a person granted humanitarian protection under paragraph 339C of the immigration rules or the spouse, civil partner, child or step-child of such a person, a person (“A” in this paragraph) was an eligible part-time student in connection with an application for support for an earlier year of the present part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the present part-time course; and (b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002, A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.

26

In regulation 81(11), after “(9A),” insert “(9B),”.

27

For regulation 82(4)(b) substitute—

(b) the student or the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;

28

After regulation 110(11A) insert—

(11B) Where— (a) the Welsh Ministers determined that, by virtue of being a person granted humanitarian protection under paragraph 339C of the immigration rules or the spouse, civil partner, child or step-child of such a person, a person (“A” in this paragraph) was an eligible postgraduate student in connection with an application for support for an earlier year of the present postgraduate course or an application in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the present postgraduate course; and (b) as at the day before the academic year in respect of which A is applying for support starts, the period for which the person granted humanitarian protection under paragraph 339C of the immigration rules is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002, A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.

29

In regulation 110(13), after “(11A),” insert “(11B),”.

30

For regulation 111(2)(b) substitute—

(b) the student or the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;

31

In Schedule 1, after paragraph 4 (refugees and their family members) insert—

(4ZA) (1) A person— (a) granted leave to enter or remain as a protected person; (b) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was granted such leave; and (c) who is ordinarily resident in Wales on the first day of the first academic year of the course. (2) A person who— (a) is the spouse or civil partner of a person granted leave to enter or remain as a protected person; (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; and (c) is ordinarily resident in Wales on the first day of the first academic year of the course. (3) A person— (a) who— (i) is the child of a person granted leave to enter or remain as a protected person, or the child of the spouse or civil partner of a person granted leave to enter or remain as a protected person; and (ii) on the leave application date, was the child of a person granted leave to enter or remain as a protected person or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person; (b) who was under 18 on the leave application date; and (c) who 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 made an application for leave to enter or remain in the United Kingdom that results in a person becoming a person granted leave to enter or remain as a protected person; (b) “person being granted leave to enter or remain as a protected person” means a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules.

32

In Schedule 1, in paragraph 4A (persons granted stateless leave and their family members)—

(1) A person granted stateless leave who is ordinarily resident in Wales on the first day of the first academic year of the course.

33

In Schedule 1, in paragraph 5A (persons with section 67 leave to remain)—

34

In Schedule 4, for paragraph 6(a) substitute—

(a) the student or the student’s spouse, civil partner or parent (as defined in Part 1 of Schedule 1) is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;

PART 6 — AMENDMENTS TO THE EDUCATION (POSTGRADUATE MASTER’S DEGREE LOANS) (WALES) REGULATIONS 2017

Amendments to the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017

35

The Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017[^f00010] are amended in accordance with regulations 36 to 40.

36

In regulation 2(1), in the definition of “person with leave to enter or remain”, in paragraph (a)(i), omit “humanitarian protection or”.

37

For regulation 8(b) substitute—

(b) the student or the student’s spouse, civil partner, parent, parent’s spouse or parent’s civil partner is recognised as a refugee, becomes a person granted stateless leave, becomes a person with leave to enter or remain or becomes a person granted humanitarian protection under paragraph 339C of the immigration rules;

38

In Schedule 1, after paragraph 4 (refugees and their family members) insert—

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