The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022

• Citation: S.I. 2022/534
• Sections: 25

Section 1 Citation, commencement, extent and application

(1) These Regulations may be cited as the Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 and come into force on 3rd June 2022.

(2) These Regulations extend to England and Wales.

(3) The following regulations apply in relation to the provision of support to a student in relation to a course which begins on or after 1st August 2022, whether or not anything done under these Regulations is done before, on, or after that date—

(a) regulation 3 (eligibility of evacuated or assisted British nationals from Afghanistan);

(b) regulation 6 (evacuated or assisted British nationals from Afghanistan: fees and awards);

(c) regulation 9 (eligibility of evacuated or assisted British nationals from Afghanistan: European University Institute);

(d) regulation 12 (eligibility of evacuated or assisted British nationals from Afghanistan: further education loans);

(e) regulation 15 (eligibility of evacuated or assisted British nationals from Afghanistan: Master’s degrees);

(f) regulation 18 (evacuated or assisted British nationals from Afghanistan: fee limit condition);

(g) regulation 21 (eligibility of evacuated or assisted British nationals from Afghanistan: Doctoral degrees); and

(h) regulation 24 (eligibility of evacuated or assisted British nationals from Afghanistan: short courses).

(4) The following regulations apply in relation to the provision of support to a student in relation to an academic year which begins on or after 1st August 2022, whether or not anything done under these Regulations is done before, on, or after that date—

(a) regulation 4 (eligibility of persons from Ukraine);

(b) regulation 7 (persons from Ukraine: fees and awards);

(c) regulation 10 (eligibility of persons from Ukraine: European University Institute);

(d) regulation 13 (eligibility of persons from Ukraine: further education loans);

(e) regulation 16 (eligibility of persons from Ukraine: Master’s degrees);

(f) regulation 19 (persons from Ukraine: fee limit condition);

(g) regulation 22 (eligibility of persons from Ukraine: Doctoral degrees);

(h) regulation 25 (eligibility of persons from Ukraine: short courses).

(5) In paragraph (4), an “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—

(a) on or after 1st January and before 1st April;

(b) on or after 1st April and before 1st July;

(c) on or after 1st July and before 1st August; or

(d) on or after 1st August and on or before 31st December.

Section 2 Amendment of the Education (Student Support) Regulations 2011

The Education (Student Support) Regulations 2011 are amended as follows.

Section 3 Eligibility of evacuated or assisted British nationals from Afghanistan

(1) In regulation 4(2)(a) , for “and 14” substitute “, 14, 15 and 16” .

(2) In regulation 137(2)(a) , for “and 14” substitute “, 14, 15 and 16” .

(3) In regulation 159(3)(a) , for “and 14” substitute “, 14, 15 and 16” .

(4) In Schedule 1—

(a) in paragraph 1(1), after the definition of “European Economic Area”, insert—

“ evacuated or assisted British national from Afghanistan ” means a person—

who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;

who was either—

evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; or

assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and

who has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

(b) after paragraph 14 , insert—

Evacuated or assisted British nationals from Afghanistan

(15) An evacuated or assisted British national from Afghanistan who is ordinarily resident in England on the first day of the first academic year of the course.

Section 4 Eligibility of persons from Ukraine

(1) In regulation 2(1)—

(a) after the definition of “person granted leave under one of the Afghan Schemes” , insert—

“ person granted leave under one of the Ukraine Schemes ” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme or a person granted leave under the Ukraine Family Scheme;

(b) after the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” , insert—

“ person granted leave under the Homes for Ukraine Sponsorship Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 19.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Extension Scheme ” means a person—

who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Family Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 9.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

(2) In regulation 4 after paragraph (13C) , insert—

(13D) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“ A ”) was—

(i) an eligible student in connection with an application for support for—

(aa) an earlier year of the current course;

(bb) an application for support for a course in relation to which the current course is an end-on course; or

(cc) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current 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 begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,

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.

(3) In regulation 17 , move the terminal “or” from after paragraph (m) to after paragraph (n) and after that paragraph insert—

(o) the student becomes a person granted leave under one of the Ukraine Schemes.

(4) In each of regulations 38(8), 41(8), 45(11) and 49A(2), for “or (m)” substitute “, (m), (n) or (o)” .

(5) In regulation 85(2) , move the terminal “or” from after sub-paragraph (l) to after sub-paragraph (m) and after that sub-paragraph insert—

(n) the student becomes a person granted leave under one of the Ukraine Schemes.

(6) In regulation 137, after paragraph (11C) , insert—

(11D) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“ A ”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course; or

(ii) an application for support in connection with a designated course or other designated part-time course from which A’s status as an eligible part-time student or eligible student has been transferred to the current 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 leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,

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.

(7) In regulation 138(4) , move the terminal “or” from after sub-paragraph (n) to after sub-paragraph (o) and after that sub-paragraph insert—

(p) the student becomes a person granted leave under one of the Ukraine Schemes.

(8) In regulation 138A(2) , move the terminal “or” from after sub-paragraph (l) to after sub-paragraph (m) and after that sub-paragraph insert—

(n) the student becomes a person granted leave under one of the Ukraine Schemes.

(9) In regulation 147(8), for “or (n)” substitute “, (n), (o) or (p)” .”

(10) In regulation 159, after paragraph (16C) , insert—

(16D) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“ A ”) was an eligible postgraduate student in connection with—

(i) an application for support for an earlier year of the current postgraduate course; or

(ii) an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate 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 leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,

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.

(11) In regulation 160(2) , move the terminal “or” from after sub-paragraph (l) to after sub-paragraph (m) and after that sub-paragraph insert—

(n) the student becomes a person granted leave under one of the Ukraine Schemes.

(12) In Schedule 1, after paragraph 15, insert—

Persons granted leave under one of the Ukraine Schemes

(16) A person granted leave under one of the Ukraine Schemes, who is ordinarily resident in England on the first day of the first academic year of the course.

Section 5 Amendment of the Education (Fees and Awards) (England) Regulations 2007

The Education (Fees and Awards) (England) Regulations 2007 are amended as follows.

Section 6 Evacuated or assisted British nationals from Afghanistan: fees and awards

(1) In each of the regulations listed in sub-paragraphs (a) to (g) , in the appropriate place insert “, 5B, 5C,” —

(a) regulation 4(1)(a);

(b) regulation 5(1)(b) and (c);

(c) regulation 6(1)(b)(i) and (c)(i);

(d) regulation 7(1) and (2);

(e) regulation 8(1)(a) and (2)(a);

(f) regulation 9(1)(a) and (2)(a);

(g) regulation 9A(1) and (2).

(2) In Schedule 1—

(a) in paragraph 1(1), after the definition of “EU national”, insert—

“ evacuated or assisted British national from Afghanistan ” means a person—

who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;

who was either—

evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; or

assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and

who has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

(b) after paragraph 5A , insert—

Evacuated or assisted British nationals from Afghanistan

(5B) An evacuated or assisted British national from Afghanistan who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

Section 7 Persons from Ukraine: fees and awards

(1) In Schedule 1—

(a) in paragraph 1(1),

(i) after the definition of “person granted leave under one of the Afghan Schemes” , insert—

“ person granted leave under one of the Ukraine Schemes ” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme or a person granted leave under the Ukraine Family Scheme;

(ii) after the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” , insert—

“ person granted leave under the Homes for Ukraine Sponsorship Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 19.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Extension Scheme ” means a person—

who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Family Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 9.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

(b) after paragraph 5B, insert—

Persons granted leave under one of the Ukraine Schemes

(5C) A person granted leave under one of the Ukraine Schemes who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

Section 8 Amendment of the Education (Student Support) (European University Institute) Regulations 2010

The Education (Student Support) (European University Institute) Regulations 2010 are amended as follows.

Section 9 Eligibility of evacuated or assisted British nationals from Afghanistan: European University Institute

(1) In regulation 9(2)(b)(i) , after “5A” insert “, 5B, 5C,” ;

(2) In Schedule 1—

(a) in paragraph 1(1), after the definition of “European Economic Area”, insert—

“ evacuated or assisted British national from Afghanistan ” means a person—

who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;

who was either—

evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; or

assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and

who has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

(b) after paragraph 5A , insert—

Evacuated or assisted British nationals from Afghanistan

(5B) An evacuated or assisted British national from Afghanistan who is ordinarily resident in England on the relevant date.

Section 10 Eligibility of persons from Ukraine: European University Institute

(1) In regulation 3(1), after the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” , insert—

“ person granted leave under one of the Ukraine Schemes ” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme or a person granted leave under the Ukraine Family Scheme;

“ person granted leave under the Homes for Ukraine Sponsorship Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 19.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Extension Scheme ” means a person—

who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Family Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 9.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

(2) In regulation 9, after paragraph (11C) , insert—

(11D) Where—

(a) the Secretary of State determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“ A ”) was an eligible person in connection with—

(i) an application for support for an earlier year of the current course, or

(ii) an application for support for a designated course at the Institute from which A’s status as an eligible student has been transferred to the current 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 leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(3) In Schedule 1, after paragraph 5B, insert—

Persons granted leave under one of the Ukraine Schemes

(5C) A person granted leave under one of the Ukraine Schemes who is ordinarily resident in England on the relevant date.

Section 11 Amendment of the Further Education Loans Regulations 2012

The Further Education Loans Regulations 2012 are amended as follows.

Section 12 Eligibility of evacuated or assisted British nationals from Afghanistan: further education loans

(1) In regulation 3(2)(a)(i) , after “5A,” insert “5B, 5C,” .

(2) In Schedule 1—

(a) in paragraph 1(1), after the definition of “European Economic Area”, insert—

“ evacuated or assisted British national from Afghanistan ” means a person—

who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;

who was either—

evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; or

assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and

who has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

(b) after paragraph 5A , insert—

Evacuated or assisted British nationals from Afghanistan

(5B) An evacuated or assisted British national from Afghanistan who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

Section 13 Eligibility of persons from Ukraine: further education loans

(1) In regulation 2(1)—

(a) after the definition of “person granted leave under one of the Afghan Schemes” , insert—

“ person granted leave under one of the Ukraine Schemes ” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme or a person granted leave under the Ukraine Family Scheme;

(b) after the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” , insert—

“ person granted leave under the Homes for Ukraine Sponsorship Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 19.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Extension Scheme ” means a person—

who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Family Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 9.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

(2) In regulation 3, after paragraph (8A) , insert—

(8B) Where—

(a) the Secretary of State has determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, a person (“ A ”) is an eligible student in connection with an application for a fee loan for a designated further education course; and

(b) as at the day before that course begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted,

A’s status as an eligible student terminates immediately before the first day of the course.

(3) In regulation 7 , move the terminal “or” from after paragraph (l) to after paragraph (m) and after that paragraph insert—

(n) the student becomes a person granted leave under one of the Ukraine Schemes.

(4) In Schedule 1, after paragraph 5B, insert—

Persons granted leave under one of the Ukraine Schemes

(5C) A person granted leave under one of the Ukraine Schemes who is ordinarily resident in the United Kingdom on the first day of the designated further education course.

Section 14 Amendment of the Education (Postgraduate Master’s Degree Loans) Regulations 2016

The Education (Postgraduate Master’s Degree Loans) Regulations 2016 are amended as follows.

Section 15 Eligibility of evacuated or assisted British nationals from Afghanistan: Master’s degrees

(1) In regulation 3(2)(a) , after “5A,” insert “5B, 5C,” .

(2) In Schedule 1—

(a) in paragraph 1(1), after the definition of “European Economic Area”, insert—

“ evacuated or assisted British national from Afghanistan ” means a person—

who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;

who was either—

evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; or

assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and

who has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

(b) after paragraph 5A , insert—

Evacuated or assisted British nationals from Afghanistan

(5B) An evacuated or assisted British national from Afghanistan who is ordinarily resident in England on the first day of the first academic year of the course.

Section 16 Eligibility of persons from Ukraine: Master’s degrees

(1) In regulation 2(1)—

(a) after the definition of “person granted leave under one of the Afghan Schemes” , insert—

“ person granted leave under one of the Ukraine Schemes ” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme or a person granted leave under the Ukraine Family Scheme;

(b) after the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” , insert—

“ person granted leave under the Homes for Ukraine Sponsorship Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 19.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Extension Scheme ” means a person—

who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Family Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 9.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

(2) In regulation 8 , move the terminal “or” after paragraph (m) to after paragraph (n) and after that paragraph insert—

(o) the student becomes a person granted leave under one of the Ukraine Schemes.

(3) In Schedule 1, after paragraph 5B, insert—

Persons granted leave under one of the Ukraine Schemes

(5C) A person granted leave under one of the Ukraine Schemes who is ordinarily resident in England on the first day of the first academic year of the course.

Section 17 Amendment of the Higher Education (Fee Limit Condition) (England) Regulations 2017

The Higher Education (Fee Limit Condition) (England) Regulations 2017 are amended as follows.

Section 18 Evacuated or assisted British nationals from Afghanistan: fee limit condition

(1) In regulation 4(4)(a) , after “5F,” insert “5G, 5H,” .

(2) In the Schedule—

(a) in paragraph 1(1), after the definition of “European Economic Area”, insert—

“ evacuated or assisted British national from Afghanistan ” means a person—

who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;

who was either—

evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; or

assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and

who has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

(b) after paragraph 5F , insert—

Evacuated or assisted British nationals from Afghanistan

(5G) An evacuated or assisted British national from Afghanistan who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

Section 19 Persons from Ukraine: fee limit condition

(1) In regulation 2—

(a) after the definition of “person granted leave under one of the Afghan Schemes” , insert—

“ person granted leave under one of the Ukraine Schemes ” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme or a person granted leave under the Ukraine Family Scheme;

(b) after the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” , insert—

“ person granted leave under the Homes for Ukraine Sponsorship Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 19.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Extension Scheme ” means a person—

who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Family Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 9.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

(2) In regulation 6(2) , move the terminal “or” from after sub-paragraph (l) to after sub-paragraph (m) and after that paragraph insert—

(n) the student becomes a person granted leave under one of the Ukraine Schemes.

(3) In the Schedule, after paragraph 5G, insert—

Persons granted leave under one of the Ukraine Schemes

(5H) A person granted leave under one of the Ukraine Schemes who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

Section 20 Amendment of the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018

The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 are amended as follows.

Section 21 Eligibility of evacuated or assisted British nationals from Afghanistan: Doctoral degrees

(1) In regulation 3(2)(a) , after “6A,” insert “6B, 6C,” .

(2) In Schedule 1—

(a) in paragraph 1(1), after the definition of “European Economic Area”, insert—

“ evacuated or assisted British national from Afghanistan ” means a person—

who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;

who was either—

evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; or

assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and

who has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

(b) after paragraph 6A , insert—

Evacuated or assisted British nationals from Afghanistan

(6B) An evacuated or assisted British national from Afghanistan who is ordinarily resident in England on the first day of the first academic year of the course.

Section 22 Eligibility of persons from Ukraine: Doctoral degrees

(1) In regulation 2(1)—

(a) after the definition of “person granted leave under one of the Afghan Schemes” , insert—

“ person granted leave under one of the Ukraine Schemes ” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme or a person granted leave under the Ukraine Family Scheme;

(b) after the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” , insert—

“ person granted leave under the Homes for Ukraine Sponsorship Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 19.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Extension Scheme ” means a person—

who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Family Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 9.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

(2) In regulation 8 , move the terminal “or” from after paragraph (m) to after paragraph (n) and after that paragraph insert—

(o) the student becomes a person granted leave under one of the Ukraine Schemes.

(3) In Schedule 1, after paragraph 6B, insert—

Persons granted leave under one of the Ukraine Schemes

(6C) A person granted leave under one of the Ukraine Schemes who is ordinarily resident in England on the first day of the first academic year of the course.

Section 23 Amendment of the Higher Education Short Course Loans Regulations 2022

The Higher Education Short Course Loans Regulations 2022 are amended as follows.

Section 24 Eligibility of evacuated or assisted British nationals from Afghanistan: short courses

(1) In regulation 2(2), before “(a)” insert—

(aa) evacuated or assisted British national from Afghanistan;

(2) In Schedule 1—

(a) in paragraph 2(1), after the definition of “EU national”, insert—

“ evacuated or assisted British national from Afghanistan ” means a person—

who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;

who was either—

evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; or

assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and

who has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

(b) after paragraph 26, insert—

Evacuated or assisted British nationals from Afghanistan

(27) An evacuated or assisted British national from Afghanistan who is ordinarily resident in England on the first day of the HE short course.

Section 25 Eligibility of persons from Ukraine: short courses

(1) In regulation 2(2), after “(e)”, insert——

(ea) “person granted leave under one of the Ukraine Schemes”

(2) In regulation 3(5), after paragraph (h), insert—

(i) where the Secretary of State determined that P was an eligible student in connection with the reference course by virtue of being a person granted leave under one of the Ukraine Schemes, the period for which P is allowed to stay in the United Kingdom has expired;

(3) In regulation 6, after paragraph (9), insert—

(9A) This paragraph applies in relation to a person (“ P ”) if—

(a) the Secretary of State has determined that, by virtue of being a person granted leave under one of the Ukraine Schemes, P is an eligible student in connection with an application for an HESC loan for the relevant course, and

(b) as at the day before the current course begins, the period P is allowed to stay in the United Kingdom has expired.

(4) In regulation 7(2), after paragraph (k), insert—

(l) the student becomes a person granted leave under one of the Ukraine Schemes.

(5) In Schedule 1—

(a) in paragraph 1(1)—

(i) after the definition of “person granted leave under one of the Afghan Schemes”, insert—

“ person granted leave under one of the Ukraine Schemes ” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme or a person granted leave under the Ukraine Family Scheme;

(ii) in paragraph 1(1), after the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme”, insert—

“ person granted leave under the Homes for Ukraine Sponsorship Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 19.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Extension Scheme ” means a person—

who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Family Scheme ” means a person—

who has leave to enter or remain in the United Kingdom—

under paragraph UKR 9.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or

outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—

was residing in Ukraine immediately before 1st January 2022; and

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

(b) after paragraph 27, insert—

Persons granted leave under one of the Ukraine Schemes

(28) A person granted leave under the one of the Ukraine Schemes who is ordinarily resident in England on the first day of the HE short course.