The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018

• Citation: S.I. 2018/814 (W.)
• Sections: 56

Section 1 Title and commencement

(1) The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018.

(2) These Regulations come into force on 30 July 2018.

Section 2 Amendments to the Education (Student Support) (Wales) Regulations 2018

The Education (Student Support) (Wales) Regulations 2018 are amended in accordance with regulations 3 to 20.

Section 3

In regulation 14 (maximum period of eligibility – tuition fee loans and grants for new students), in paragraph (2)—

(a) for “, a disabled student’s grant,” substitute “or”; and

(b) omit “or a grant for dependants”.

Section 4

In regulation 16 (maximum period of eligibility – tuition fee loans and grants for certain continuing students)—

(a) for paragraph (1)(b)(i) substitute—

(i) who has completed a relevant course (the “preliminary course”),

(b) in paragraph (1)(c)(i), after “full-time foundation degree course” insert “or ordinary degree course”;

(c) in paragraph (2)—

(i) for “, a disabled student’s grant” substitute “or”;

(ii) omit “or a grant for dependants”; and

(d) after paragraph (3) insert—

(4) In paragraph (1)(b)(i), “relevant course” means a full-time course for the—

(a) Diploma of Higher Education,

(b) Certificate of Higher Education, or

(c) Higher National Diploma or Higher National Certificate of either the Business and Technology Education Council or the Scottish Qualification Authority.

Section 5

After regulation 22 (refugees who cease to have leave to remain) insert—

Persons who cease to have stateless leave

(22A)

(1) This regulation applies where—

(a) a person (“P”) was a Category 2A eligible student (see Schedule 2) in connection with an application for support—

(i) for an earlier year of the present course,

(ii) for a full time-course in relation to which the present course is a full-time end-on course, or

(iii) for a course from which P’s status as an eligible student has been transferred to the present course under regulation 28 or paragraph 7 of Schedule 5, and

(b) as at the end of the day before the first day of the academic year in respect of which P is applying for support, the period for which—

(i) P, or

(ii) the person, who, as a result of being a person granted stateless leave, caused P to be a Category 2A eligible student,

is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no application for administrative review in accordance with the immigration rules is pending.

(2) Where this regulation applies, P’s status as an eligible student terminates immediately before the first day of the academic year in respect of which P is applying for support.

Section 6

In the Welsh text of regulation 30, in paragraph (4), after “unrhyw fenthyciad cynhaliaeth” for “a” substitute “neu”.

Section 7

After regulation 34 (Welsh Ministers’ decision on an application) insert—

(34A)

(1) This regulation applies where—

(a) a person (“P”) makes an application for support in accordance with regulation 32,

(b) any information or documentation provided by P in, or in connection with, the application is not materially inaccurate, and

(c) P receives notification from the Welsh Ministers under regulation 34(5) incorrectly stating that P is an eligible student.

(2) Despite the notification incorrectly stating that P is an eligible student, the Welsh Ministers may, for the purposes of these Regulations, treat P as being an eligible student.

Section 8

In regulation 40 (amount of tuition fee loan)—

(a) in paragraph (3)—

(i) at the end of Category 1 for “or 5” substitute “, 5 or 6”;

(ii) in Category 4, omit “, including an eligible student undertaking an Erasmus year of a full-time course provided by an institution in England, Scotland or Wales”; and

(iii) after Category 5 insert—

Category 6

An eligible student undertaking an Erasmus year of a full-time course provided by an institution in England, Scotland or Wales.

(b) in Table 2 of paragraph (3)—

(i) omit the words “and Scotland” from the 14 th row of column 4 (location of course provider);

(ii) insert the words “Scotland and” before the words “Northern Ireland” in the 15 th row of column 4; and

(iii) at the end insert—

Section 9

In regulation 47 (amount of maintenance grant: part-time students), in paragraph (4), for “exceeds £59,200” substitute “is £59,200 or more”.

Section 10

In regulation 54 (qualifying conditions for a maintenance loan), omit Exception 5.

Section 11

In regulation 65 (grant for travel for medical students), in paragraph (3)—

(a) for “£59,200 or less” substitute “less than £59,200”; and

(b) for “more than £59,200” substitute “£59,200 or more”.

Section 12

In regulation 66 (grant for travel for study or work overseas), in paragraph (2)—

(a) for “£59,200 or less” substitute “less than £59,200”; and

(b) for “more than £59,200” substitute “£59,200 or more”.

Section 13

In regulation 80 (qualifying for a tuition fee loan during the academic year)—

(a) in paragraph (2), sub-paragraph (b)(i), after “is recognised as a refugee or” insert “becomes a person granted stateless leave or”;

(b) in paragraph (3), in the appropriate place insert—

“person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”)

Section 14

In regulation 81 (qualifying for grants or maintenance loan during the academic year), paragraph (3), sub-paragraph (b)(i), after “is recognised as a refugee or” insert “becomes a person granted stateless leave or”.

Section 15

In Schedule 1, paragraph 6(1), in the definition of “close relative” after paragraph (c) insert—

(d) P’s child, where P is dependent on that child;

Section 16

In Schedule 2—

(a) after paragraph 2 (category 2 - refugees and their family members) insert—

Category 2A - Persons granted stateless leave and their family members

(2A)

(1) A person granted stateless leave who—

(a) is ordinarily resident in Wales on the first day of the first academic year of the course, and

(b) has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(2) A person—

(a) who—

(i) is the spouse or civil partner of a person granted stateless leave, and

(ii) on the leave application date, was the spouse or civil partner of a person granted stateless leave,

(b) who is ordinarily resident in Wales on the first day of the first academic year of the course, and

(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(3) A person—

(a) who—

(i) is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave, and

(ii) on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave,

(b) who was under 18 on the leave application date,

(c) who is ordinarily resident in Wales on the first day of the first academic year of the course, and

(d) who has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(4) In this paragraph—

(a) “leave application date” (“ dyddiad y cais i gael caniatâd i aros ”) means the date on which a person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules,

(b) “person granted stateless leave” (“ person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth ”) means a person who—

(i) has extant leave to remain as a stateless person under the immigration rules, and

(ii) has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave.

(b) in paragraph 3 (category 3 – persons with leave to enter or remain and their family members)—

(i) for sub-paragraph (2)(b) substitute—

(b) who was the spouse or civil partner of the person with leave to enter or remain on the leave application date,

(ii) for sub-paragraph (3)(b) substitute—

(b) who, on the leave application date, was under 18 years old and was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date,

(iii) for sub-paragraph (4)(a) and (b) substitute—

(a) who has—

(i) applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is considered not to qualify for recognition as a refugee it is thought right to allow P to enter or remain in the United Kingdom on the grounds of humanitarian protection or discretionary leave, and who has been granted leave to enter or remain accordingly,

(ii) not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly,

(iii) been granted leave to remain on the grounds of private life under the immigration rules,

(iv) been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is not considered to qualify for leave to remain on the grounds of private life under the immigration rules, P has been granted leave to remain outside the rules on the grounds of Article 8 of the European Convention on Human Rights,

(iv) after sub-paragraph (4) insert—

(5) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.

(c) in paragraph 11, in the appropriate place insert—

“immigration rules” (“ rheolau mewnfudo ”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971 ;

Section 17

In Schedule 4—

(a) in paragraph 2(2), for “recognised educational institution”, in each place where it occurs, substitute “publicly funded institution”;

(b) after paragraph 12 insert—

Persons who cease to have stateless leave

(12A)

(1) This paragraph applies where—

(a) a person (“P”) was a category 2A eligible postgraduate student (see Schedule 2) in connection with an application for a disabled postgraduate student’s grant—

(i) for an earlier year of the present postgraduate course, or

(ii) in connection with a course from which P’s status as an eligible postgraduate student has been transferred to the present postgraduate course under paragraph 15, and

(b) as at the end of the day before the first day of the academic year in respect of which P is applying for a disabled postgraduate student’s grant, the period for which—

(i) P, or

(ii) the person who, as a result of being a person granted stateless leave, caused P to be a Category 2A eligible postgraduate student,

is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no application for administrative review in accordance with the immigration rules is pending.

(2) Where this paragraph applies, P’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which P is applying for a disabled postgraduate student‘s grant.

(c) in paragraph 14, sub-paragraph (3)(b)(i), after “is recognised as a refugee or” insert “becomes a person granted stateless leave or”; and

(d) in paragraph 14, sub-paragraph (4), in the appropriate place insert—

“person granted stateless leave” (“ person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth ”);

Section 18

In the Welsh text of Schedule 4—

(a) in paragraph 2(2)(c), omit “gan Gyngor Cyllido Addysg Uwch Cymru”; and

(b) in paragraph 9(c), for “yn dod yn fyfyriwr cwmwys” substitute “hefyd yn cymhwyso i gael cymorth”.

Section 19

In Schedule 5, paragraph 4—

(a) in sub-paragraph (2)(a), after “is recognised as a refugee or” insert “becomes a person granted stateless leave or”;

(b) in sub-paragraph (3), in the appropriate place insert—

“person granted stateless leave” (“ person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth ”);

Section 20

In Schedule 7 (index of defined terms), Table 16, in the appropriate places insert—

Section 21 Amendments to the Education (Student Support) (Wales) Regulations 2017

The Education (Student Support) (Wales) Regulations 2017 are amended in accordance with regulations 22 to 38.

Section 22 Amendments to the Education (Student Support) (Wales) Regulations 2017

In regulation 2 (interpretation), in paragraph (1)—

(a) in the appropriate places insert—

“close relative” (“ perthynas agos ”) (in relation to a person (“P”)) means—

P’s spouse or civil partner;

a person ordinarily living with P as if the person were P’s spouse or civil partner;

P’s parent, where P is under the age of 25;

P’s child, where P is dependent on that child;

“immigration rules” (“ rheolau mewnfudo ”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;

“member of the armed forces” (“ aelod o’r lluoedd arfog” ) means a member of the regular naval, military or air forces of the Crown;

“person granted stateless leave” (“ person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth ”) means a person who—

has extant leave to remain as a stateless person under the immigration rules; and

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

(b) for paragraphs (a) and (b) of the definition of “person with leave to enter or remain”, substitute—

(a) who has—

(i) applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is considered not to qualify for recognition as a refugee, it is thought right to allow A to enter or remain in the United Kingdom on the grounds of humanitarian protection or discretionary leave, and who has been granted leave to enter or remain accordingly;

(ii) not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow A to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly;

(iii) been granted leave to remain on the grounds of private life under the immigration rules; or

(iv) been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although A is not considered to qualify for leave to remain on the grounds of private life under the immigration rules, A has been granted leave to remain outside the rules on the grounds of Article 8 of the European Convention on Human Rights;

Section 23 Amendments to the Education (Student Support) (Wales) Regulations 2017

In regulation 4 (eligible students)—

(a) after paragraph (9) insert—

(9A) Where—

(a) the Welsh Ministers have determined that, by virtue of being a person granted stateless leave 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 a person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no application for administrative review in accordance with the immigration rules is pending,

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.

(b) in paragraph (11), for “Paragraphs (9) and (10)” substitute “Paragraphs (9), (9A) and (10)”.

Section 24 Amendments to the Education (Student Support) (Wales) Regulations 2017

In regulation 6 (period of eligibility)—

(a) in paragraphs (8) and (11), for “or a grant for living costs” substitute “, grant for travel, maintenance grant or a special support grant”;

(b) in paragraph (10)—

(i) in sub-paragraph (b)(i), for “or 3” substitute “, 3 or 4”; and

(ii) for sub-paragraph (c)(i) substitute—

(i) has completed a full-time foundation degree course or ordinary degree course;

Section 25 Amendments to the Education (Student Support) (Wales) Regulations 2017

In regulation 13 (fee support generally)—

(a) in paragraph (5), at the beginning, insert “Subject to paragraph (5A),”;

(b) after paragraph (5) insert—

(5A) Paragraph (5) does not apply where—

(a) the student (“S”) or a close relative of S is a member of the armed forces,

(b) S is not undertaking the course in Wales on the first day of the first academic year, and

(c) S is not undertaking the course in Wales on that day because S or the close relative is serving as a member of the armed forces outside Wales.

(c) after paragraph (6) insert—

(7) But paragraph (6) does not apply where the student is undertaking the course outside the United Kingdom because the student or a close relative of the student is serving as a member of the armed forces.

Section 26 Amendments to the Education (Student Support) (Wales) Regulations 2017

In regulation 15 (events), paragraph (b), after “is recognised as a refugee or” insert “becomes a person granted stateless leave or”.

Section 27

In regulation 23 (general qualifying conditions for grants for living costs), paragraph (12)(b), after “is recognised as a refugee or” insert “becomes a person granted stateless leave or”.

Section 28

In regulation 24 (grants for disabled students’ living costs)—

(a) in paragraph (4), at the beginning, insert “Subject to paragraph (4A),”;

(b) after paragraph (4) insert—

(4A) Paragraph (4) does not apply where—

(a) the student (“S”) or a close relative of S is a member of the armed forces,

(b) S is not undertaking the course in Wales on the first day of the first academic year, and

(c) S is not undertaking the course in Wales on that day because S or the close relative is serving as a member of the armed forces outside Wales.

(c) after paragraph (5) insert—

(5A) But paragraph (5) does not apply where the student is undertaking the course outside the United Kingdom because the student or a close relative of the student is serving as a member of the armed forces.

Section 29

In regulation 41 (qualifying conditions for loans for living costs), omit paragraph (4).

Section 30

In regulation 49 (students becoming eligible during the course of an academic year), paragraph (2)(b), after “is recognised as a refugee or” insert “becomes a person granted stateless leave or”.

Section 31

In regulation 64 (eligible distance learning students)—

(a) after paragraph (10) insert—

(10A) Where—

(a) the Welsh Ministers determined that, by virtue of being a person granted stateless leave 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 a person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no application for administrative review in accordance with the immigration rules is pending,

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.

(b) in paragraph (12), for “paragraphs (10) and (11)” substitute “paragraphs (10), (10A) and (11)”.

Section 32

In regulation 65 (students becoming eligible during the course of the academic year), in paragraph (4)(b) after “is recognised as a refugee or” insert “becomes a person granted stateless leave or”.

Section 33

In regulation 81 (eligible part-time students)—

(a) after paragraph (9) insert—

(9A) Where—

(a) the Welsh Ministers determined that, by virtue of being a person granted stateless leave 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 a person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no application for administrative review in accordance with the immigration rules is pending,

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.

(b) in paragraph (11), for “Paragraphs (9) and (10)” substitute “Paragraphs (9), (9A) and (10)”;

(c) after paragraph (14) insert—

(14A) But paragraph (14) does not apply to support under regulations 85 to 88 where—

(a) the student (“S”) or a close relative of S is a member of the armed forces,

(b) S is not undertaking the course in Wales on the first day of the first academic year, and

(c) S is not undertaking the course in Wales on that day because S or the close relative is serving as a member of the armed forces outside Wales.

(d) after paragraph (15) insert—

(15A) But paragraph (15) does not apply to support under regulations 85 to 88 where the student is undertaking the course outside the United Kingdom because the student or a close relative of the student is serving as a member of the armed forces.

Section 34

In regulation 82 (students becoming eligible during the course of the academic year), in paragraph (4)(b), after “is recognised as a refugee or” insert “becomes a person granted stateless leave or”.

Section 35

In regulation 110 (eligible postgraduate students)—

(a) after paragraph (11) insert—

(11A) Where—

(a) the Welsh Ministers determined that, by virtue of being a person granted stateless leave 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 with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no application for administrative review in accordance with the immigration rules is pending,

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.

(b) in paragraph (12)(a), for “refugee” substitute “person with leave to enter or remain” in both places where it occurs.

Section 36

In regulation 111 (students becoming eligible during the course of the academic year), in paragraph (2)(b), after “is recognised as a refugee or” insert “becomes a person granted stateless leave or”.

Section 37

In Schedule 1—

(a) after paragraph 4 (refugees and their family members) insert—

Persons granted stateless leave and their family members

(4A)

(1) A person granted stateless leave who—

(a) is ordinarily resident in Wales on the first day of the first academic year of the course, and

(b) has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(2) A person—

(a) who—

(i) is the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b) who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(3) A person—

(a) who—

(i) is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b) who was under 18 on the leave application date;

(c) who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(d) who has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(4) In this paragraph, “leave application date” means the date on which a person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules.

(b) in paragraph 5 (persons with leave to enter or remain and their family members)—

(i) for sub-paragraph (2)(b) substitute—

(b) who was the spouse or civil partner of the person with leave to enter or remain on the leave application date;

(ii) for sub-paragraph (3)(b) substitute—

(b) who, on the leave application date, was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(iii) for sub-paragraph (3)(c) substitute—

(c) who was under 18 on the leave application date;

(iv) after sub-paragraph (3) insert—

(4) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.

Section 38

In Schedule 4, in paragraph 6(a), after “is recognised as a refugee or” insert “becomes a person granted stateless leave or”.

Section 39 Amendments to the Education (Fees and Awards) (Wales) Regulations 2007

The Education (Fees and Awards) (Wales) Regulations 2007 are amended in accordance with regulations 40 and 41.

Section 40

In regulation 5 (awards by local authorities), in paragraph (1)—

(a) in sub-paragraph (b), for “within paragraph 5” substitute “within paragraphs 4A and 5”;

(b) in sub-paragraph (c), for “within paragraphs 5 and 9” substitute “within paragraphs 4A, 5 and 9.”

Section 41

In the Schedule—

(a) in paragraph 1—

(i) in the appropriate places insert—

“immigration rules” (“ rheolau mewnfudo ”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;

“person granted stateless leave” (“ person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth ”) means a person who—

has extant leave to remain as a stateless person under the immigration rules; and

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

(ii) for the definition of “person with leave to enter or remain” substitute—

“person with leave to enter or remain” (“ person sydd â chaniatâd i ddod i mewn neu i aros ”) means a person (“P”)—

who has—

applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is not considered to qualify for recognition as a refugee, it is thought right to allow P to enter or remain in the United Kingdom on the grounds of humanitarian protection or discretionary leave, and who has been granted leave to enter or remain accordingly;

not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly;

been granted leave to remain on the grounds of private life under the immigration rules; or

been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is not considered to qualify for leave to remain on the grounds of private life under the immigration rules, P has been granted leave to remain outside the rules on the grounds of Article 8 of the European Convention on Human Rights;

whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 ); and

who has been ordinarily resident in the United Kingdom and Islands throughout the period since P was granted leave to enter or remain;

(b) after paragraph 4 (refugees and their family members) insert—

Persons granted stateless leave and their family members

(4A)

(1) A person granted stateless leave who—

(a) is ordinarily resident in Wales on the first day of the first academic year of the course; and

(b) has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(2) A person—

(a) who—

(i) is the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b) who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(3) A person—

(a) who—

(i) is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b) who was under 18 on the leave application date;

(c) who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(d) who has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(4) In this paragraph, “leave application date” means the date on which a person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules.

(c) in paragraph 5 (persons with leave to enter or remain and their family members)—

(i) for sub-paragraph (2)(b) substitute—

(b) who was the spouse or civil partner of the person with leave to enter or remain on the leave application date; and

(ii) for sub-paragraph (3)(b) substitute—

(b) who, on the leave application date, was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(iii) for sub-paragraph (3)(c) substitute—

(c) who was under 18 on the leave application date; and

(iv) after sub-paragraph (3) insert—

(4) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.

Section 42 Amendments to the Education (European University Institute) (Wales) Regulations 2014

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Section 43

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Section 44

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Section 45

In Schedule 1—

(a) after paragraph 4 (refugees) insert—

Persons granted stateless leave and their family members

(4A)

(1) A person granted stateless leave who—

(a) is ordinarily resident in Wales on the first day of the first academic year of the course; and

(b) has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(2) A person—

(a) who—

(i) is the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b) who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(3) A person—

(a) who—

(i) is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b) who was under 18 on the leave application date;

(c) who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(d) who has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(4) In this paragraph, “leave application date” means the date on which a person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules.

(b) in paragraph 5—

(i) for sub-paragraph (2)(b) substitute—

(b) who was the spouse or civil partner of the person with leave to enter or remain on the leave application date;

(ii) for sub-paragraph (3)(b) substitute—

(b) who, on the leave application date, was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(iii) for sub-paragraph (3)(c) substitute—

(c) who was under 18 on the leave application date;

(iv) after sub-paragraph (3) insert—

(4) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.

Section 46 Amendments to the Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015

The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 are amended in accordance with regulations 47 to 49.

Section 47

In regulation 2 (interpretation), in paragraph (1)—

(a) in the appropriate places insert—

“the 2017 Regulations” (“ Rheoliadau 2017 ”) means the Education (Student Support) (Wales) Regulations 2017 ;

“the 2018 Regulations” (“ Rheoliadau 2018 ”) means the Education (Student Support) (Wales) Regulations 2018 ;

(b) in the definition of “end-on course”, after “2015 Regulations” insert “ or regulation 2(1) of the 2017 Regulations”;

(c) in the definition of “preceding course”, after “2015 Regulations” insert “, a course mentioned in paragraph 2 or 3 of Schedule 2 to the 2017 Regulations”; and

(d) for the definition of “single course” substitute—

“single course” (“ cwrs sengl ”) means a course to which—

regulation 5(6) of the 2015 Regulations applies and which falls within the description of a course in that regulation;

regulation 5(6) of the 2017 Regulations applies and which falls within the description of a course in that regulation; or

regulation 6(4) of the 2018 Regulations applies and which falls within the description of a course in regulation 6(3) of the 2018 Regulations.

Section 48

In regulation 4 (prescribed description of a qualifying person), for paragraph (1) substitute—

(1) A qualifying person who is prescribed for the purposes of section 5(5) of the 2015 Act is a person who falls within the Schedule on the first day of an academic year, other than—

(a) a person who is not eligible for support under the 2015 Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those Regulations;

(b) a person who is not eligible for support under the 2017 Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those Regulations;

(c) a person who is not eligible for support under the 2018 Regulations because they are a person to whom Exception 3, paragraph (a), Exception 4, Exception 5 or Exception 6 listed in regulation 10(1) of those Regulations applies; or

(d) a person mentioned in paragraphs (2), (3), or (8).

Section 49

In the Schedule—

(a) in paragraph 1(1)—

(i) in the appropriate places insert—

“immigration rules” (“ rheolau mewnfudo ”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;

“person granted stateless leave” (“ person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth ”) means a person who—

has extant leave to remain as a stateless person under the immigration rules; and

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

(ii) for paragraphs (a) and (b) of the definition of “person with leave to enter or remain” substitute—

(a) who has—

(i) applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is considered not to qualify for recognition as a refugee, it is thought right to allow P to enter or remain in the United Kingdom on the grounds of humanitarian protection or discretionary leave, and who has been granted leave to enter or remain accordingly;

(ii) not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly;

(iii) been granted leave to remain on the grounds of private life under the immigration rules; or

(iv) been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is not considered to qualify for leave to remain on the grounds of private life under the immigration rules, P has been granted leave to remain outside the rules on the grounds of Article 8 of the European Convention on Human Rights;

(b) after paragraph 4 (refugees and their family members) insert—

Persons granted stateless leave and their family members

(4A)

(1) A person granted stateless leave who—

(a) is ordinarily resident in Wales on the first day of the first academic year of the course; and

(b) has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(2) A person—

(a) who—

(i) is the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b) who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(3) A person—

(a) who—

(i) is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii) on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b) who was under 18 on the leave application date;

(c) who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(d) who has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the first day of the first academic year of the course.

(4) In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules.

(c) in paragraph 5 (persons with leave to enter or remain and their family members)—

(i) for sub-paragraph (2)(b) substitute—

(b) was the spouse or civil partner of the person with leave to enter or remain on the leave application date; and

(ii) for sub-paragraph (3)(b) substitute—

(b) who, on the leave application date, was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(iii) for sub-paragraph (3)(c) substitute—

(c) who was under 18 on the leave application date; and

(iv) after sub-paragraph (3) insert—

(4) In this paragraph “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.

Section 50 Amendments to the Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017

The Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017 are amended in accordance with regulations 51 to 53.