Education PART 1 Introductory Citation, commencement and application 1 1 These Regulations may be cited as The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024. 2 These Regulations come into operation on 14th August 2024. 3 The following provisions of these Regulations apply only in relation to the provision of support, and to fees and awards applicable, in relation to a new academic year, whether or not anything done under these Regulations is done before, on or after 1st August 2024— a regulations 3 to 6 (victims of domestic violence or domestic abuse); b regulations 9 to 12 (children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner); c regulations 13 to 15 (students settled in the United Kingdom); d regulations 16 to 20 (termination of eligible student status); e regulation 21 (eligibility for home fee status in certain circumstances where leave to remain expired); f regulation 22 and 23 (amendments relating to the Ukraine Permission Extension Scheme). 4 In this regulation— “academic year” is the period of twelve months beginning with 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins, according to whether the academic year of the course in question begins— on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August, or on or after 1st August and on or before 31st December; “ new academic year ” means an academic year which begins on or after 1st August 2024. Interpretation 2 In these Regulations— a “ the 2009 Regulations ” means the Education (Student Support) (No.2) Regulations (Northern Ireland) 2009 . b “ the 2007 Regulations ” means The Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 . PART 2 CHAPTER 1 Victims of domestic violence or domestic abuse A3 The 2009 Regulations are amended in accordance with regulations 3 and 4. Amendment to the 2009 Regulations 3 In regulation 2 (interpretation: general), in paragraph (1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” — a for “leave to remain”, in both places, substitute “leave to enter or remain” ; b for paragraphs (i) to (iii) of sub-paragraph (a), substitute— i paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse ; or ii where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); . 4 In both regulation 2A(3)(f) (meaning of “ protected category event ”) and paragraph 4E of Schedule 2 (eligible students), in each place it occurs, including in the heading to paragraph 4E of Schedule 2, for “leave to remain”, substitute “leave to enter or remain” . A5 The 2007 Regulations are amended in accordance with regulations 5 and 6. Amendments to the 2007 Regulations 5 In both regulation 5(10) (prescribed description of a qualifying person), in paragraph (e) of the definition of “protected category event” and paragraph 4E of the Schedule (persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse), in each place it occurs, including in the heading to paragraph 4E of the Schedule, for “leave to remain”, substitute “leave to enter or remain” . 6 In the Schedule (qualifying persons), in paragraph 1(1), in the definition of “person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” — a for “leave to remain”, in both places, substitute “leave to enter or remain” ; b for sub-paragraphs (aa) to (cc), substitute— aa paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or bb where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); . CHAPTER 2 Afghan Relocations and Assistance Policy Scheme A7 The 2009 Regulations are amended in accordance with regulation 7. Amendments to the 2009 Regulations 7 In regulation 2 (interpretation: general), in paragraph (1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” , for sub-paragraph (a)(ia), substitute— ia indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules ; . A8 The 2007 Regulations are amended in accordance with regulation 8. Amendments to the 2007 Regulations 8 In the Schedule (qualifying persons), in paragraph 1(1), in the definition of “person granted leave under the Afghan Relocations and Assistance Policy Scheme” , for sub-paragraph (a)(ia), substitute— ia indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules; . CHAPTER 3 Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse or as a bereaved partner A9 The 2009 Regulations are amended in accordance with regulations 9 and 10. Amendments to the 2009 Regulations 9 In regulation 2A (meaning of terms including protected category event) , in paragraph (3), in sub-paragraphs (f) and (h), after “the student” insert “or the student’s parent” . 10 In Part 2 of Schedule 2 (eligible students)— a in the heading to paragraph 4D (persons granted indefinite leave to remain as a bereaved partner) , at the end, insert “and their children” ; b paragraph 4D becomes sub-paragraph (1) of that paragraph; c after that sub-paragraph (1) insert— 2 A person— a granted indefinite leave to remain; b who— i is the child of a person granted indefinite leave to remain as a bereaved partner; and ii on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner; c who was under 18 on the leave application date; d who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and e who is ordinarily resident in Northern Ireland on the course start date. 3 In this paragraph, “ leave application date ” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules. ; d in the heading to paragraph 4E (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse) , at the end, insert “and their children” ; e paragraph 4E becomes sub-paragraph (1) of that paragraph; f after that sub-paragraph (1) insert— 2 A person— a granted indefinite leave to enter or remain; b who— i is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and ii on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; c who was under 18 on the leave application date; d who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and e who is ordinarily resident in Northern Ireland on the course start date. 3 In this paragraph, “ leave application date ” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules. . A11 The 2007 Regulations are amended in accordance with regulations 11 and 12. Amendments to the 2007 Regulations 11 In regulation 5 (prescribed description of a qualifying person), in paragraph (10)(d) and (e) in the definition of “protected category event”, after “the student” insert “or the student’s parent” . 12 In the Schedule (qualifying persons)— a in the heading to paragraph 4D (persons granted indefinite leave to remain as a bereaved partner), at the end, insert “and their children” ; b paragraph 4D becomes sub-paragraph (1) of that paragraph; c after that sub-paragraph (1) insert— 2 A person— a granted indefinite leave to remain; b who— i is the child of a person granted indefinite leave to remain as a bereaved partner; and ii on the leave application date, was the child of the person granted indefinite leave to remain as a bereaved partner; c who was under 18 on the leave application date; d who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and e who is ordinarily resident in the United Kingdom on the course start date. 3 In this paragraph, “ leave application date ” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules. . d in the heading to paragraph 4E (persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse), at the end, insert “and their children” ; e paragraph 4E becomes sub-paragraph (1) of that paragraph; f after that sub-paragraph (1) insert— 2 A person— a granted indefinite leave to enter or remain; b who— i is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and ii on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; c who was under 18 on the leave application date; d who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and e who is ordinarily resident in the United Kingdom on the course start date. 3 In this paragraph, “ leave application date ” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules. . CHAPTER 4 Students settled in the United Kingdom A13 The 2009 Regulations are amended in accordance with regulations 13 and 14. Amendments to the 2009 Regulations 13 In regulation 2A (meaning of terms including in-year qualifying event and settled status event) — a in paragraph (2), after sub-paragraph (b), insert— ba the student becomes a person described in paragraph 2 of Schedule 2; ; b in paragraph (4), for the words from “means the student becomes a family member” to the end substitute— means— a the student becomes a person described in paragraph 2A of Schedule 2; or b the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 2. . 14 In Part 2 of Schedule 2 (eligible students)— a in paragraph 2(1), omit “on the first day of the first academic year of the course”; b in paragraph 2(1)(b) after “Northern Ireland”, insert “on the first day of the first academic year of the course” ; c in paragraph 2A(1)(a) omit “on the course start date”. A15 The 2007 Regulations are amended in accordance with regulation 15. Amendments to the 2007 Regulations 15 In the Schedule (qualifying persons)— a in the opening words of paragraph 2(1) omit “on the first day of the first academic year of the course”; b in paragraph 2(1)(b), after “United Kingdom”, insert “on the first day of the first academic year of the course” ; c in paragraph 2A(1)(a) , omit “on the course start date”. CHAPTER 5 Termination of eligible student status A16 The 2009 Regulations are amended in accordance with regulations 16 to 20. Amendment to the 2009 Regulations 16 In regulation 5 (eligible students)— a in paragraph (11)(b) , for the words from “has expired” to the end of sub-paragraph (b), substitute— has expired and— i no further leave to remain has been granted, ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 ), and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen, ; b in paragraphs (11A)(b) , (11D)(b) , and (11F)(b) , after “has been granted” insert “and that person has not become a British or Irish citizen” ; c in paragraph (11B)(b) , after “has been granted” insert “and A has not become a British or Irish citizen” ; d in paragraphs (11C)(b) and (12)(b) , for the words from “has expired” to the end of sub-paragraph (b), substitute— has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, ; e in paragraph (11E)(b) , after “has expired” insert “and that person has not become a British or Irish citizen” ; f in paragraph (12A)(b) , after “has been granted under those rules” insert “and A has not become a British or Irish citizen” ; g in paragraph (12C)(b) after “protected rights” insert “and has not become a British or Irish citizen” . 17 In regulation 105 (eligible distance learning students)— a in paragraph (11)(b) , for the words from “has expired” to the end of sub-paragraph (b), substitute— has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 ); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen. ; b in paragraphs (11A)(b) , (11D)(b) , and (11F)(b) , after “has been granted” insert “and that person has not become a British or Irish citizen” ; c in paragraph (11B)(b) , after “has been granted” insert “and A has not become a British or Irish citizen” ; d in paragraphs (11C)(b) and (12)(b) , for the words from “has expired” to the end of sub-paragraph (b), substitute— has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, ; e in paragraph (11E)(b) , after “has expired” insert “and that person has not become a British or Irish citizen” ; f in paragraph (12A)(b) , after “has been granted under those rules” insert “and A has not become a British or Irish citizen” ; g in paragraph (12C)(b) after “protected rights” insert “and has not become a British or Irish citizen” . 18 In regulation 122 (eligible part-time students)— a in paragraph (10)(b) , for the words from “has expired” to the end of sub-paragraph (b), substitute— has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 ), and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen, ; b in paragraphs (10A)(b) , (10D)(b) , and (10F)(b) , after “has been granted” insert “and that person has not become a British or Irish citizen” ; c in paragraph (10B)(b) , after “has been granted” insert “and A has not become a British or Irish citizen” ; d in paragraphs (10C)(b) and (11)(b) , for the words from “has expired” to the end of sub-paragraph (b), substitute— has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, ; e in paragraph (10E)(b) , after “has expired” insert “and that person has not become a British or Irish citizen” ; f in paragraph (11A)(b) , after “has been granted under those rules” insert “and A has not become a British or Irish citizen” ; g in paragraph (11C)(b) after “protected rights” insert “and has not become a British or Irish citizen” . 19 In regulation 139 (eligible postgraduate students)— a in paragraph (12)(b) , for the words from “has expired” to the end of sub-paragraph (b), substitute— has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 ); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen, ; b in paragraphs (12A)(b) , (12D)(b) , and (12F)(b) , after “has been granted” insert “and that person has not become a British or Irish citizen” ; c in paragraph (12B)(b) , after “has been granted” insert “and A has not become a British or Irish citizen” ; d in paragraphs (12C)(b) and (13)(b) , for the words from “has expired” to the end of sub-paragraph (b), substitute— has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, ; e in paragraph (12E)(b) , after “has expired” insert “and that person has not become a British or Irish citizen” ; f in paragraph (13A)(b) , after “has been granted under those rules” insert “and A has not become a British or Irish citizen” ; g in paragraph (13C)(b) after “protected rights” insert “and has not become a British or Irish citizen” . 20 In regulation 149 (eligible master’s, etc. students)— a in paragraph (11)(b) , for the words from “has expired” to the end of sub-paragraph (b), substitute— has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 ); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen, ; b in paragraphs (11A)(b) , (11D)(b) , and (11F)(b) , after “has been granted” insert “and that person has not become a British or Irish citizen” ; c in paragraph (11B)(b) , after “has been granted” insert “and A has not become a British or Irish citizen” ; d in paragraphs (11C)(b) and (12)(b) , for the words from “has expired” to the end of sub-paragraph (b), substitute— has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, ; e in paragraph (11E)(b) , after “has expired” insert “and that person has not become a British or Irish citizen” ; f in paragraph (12A)(b) , after “has been granted under those rules” insert “and A has not become a British or Irish citizen” ; g in paragraph (12C)(b) after “protected rights” insert “and has not become a British or Irish citizen” . CHAPTER 6 Eligibility for home fee status in certain circumstances where leave to remain expired A21 The 2007 Regulations are amended in accordance with regulation 21. Amendments to the 2007 Regulations 21 In regulation 5 (qualifying person), after paragraph (1C) insert— 1D For the purposes of this regulation, where— a a person becomes, after the course start date or on the first day of an academic year of the course, a person who no longer falls within a paragraph of the Schedule as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and b further leave to remain has been granted or the person whose leave to remain has expired has become a British or Irish citizen, the person who would otherwise no longer fall within a paragraph of the Schedule is to be treated as falling within the paragraph of the Schedule in which they previously fell for the remainder of the duration of the course. . CHAPTER 7 Amendments relating to the Ukraine Permission Extension Scheme A22 The 2009 Regulations are amended in accordance with regulation 22. Amendment to the 2009 Regulations 22 In regulation 2(1) (interpretation)— a in the definition of “person granted leave under one of the Ukraine Schemes” , after “Ukraine Extension Scheme” insert “, a person granted leave under the Ukraine Permission Extension Scheme” ; b after the definition of “person granted leave under the Ukraine Family Scheme” insert— “ person granted leave under the Ukraine Permission Extension Scheme ” means a person— who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; . A23 The 2007 Regulations are amended in accordance with regulation 23. Amendment to the 2007 Regulations 23 In the Schedule (qualifying persons), in paragraph 1(1)— a in the definition of “person granted leave under one of the Ukraine Schemes” , after “Ukraine Extension Scheme” insert “, a person granted leave under the Ukraine Permission Extension Scheme” ; b after the definition of “person granted leave under the Ukraine Family Scheme” insert— “ person granted leave under the Ukraine Permission Extension Scheme ” means a person— who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; . CHAPTER 8 Amendments to the definition of person granted indefinite leave to remain as a bereaved partner A24 The 2009 Regulations are amended in accordance with regulation 24. Amendments to the 2009 Regulations 24 In regulation 2(1) (interpretation), in the definition of “person granted indefinite leave to remain as a bereaved partner” , for paragraphs (i) to (iv) (but not the “and” after paragraph (iv)) of sub-paragraph (a) substitute — i paragraph BP 11.1 of Appendix Bereaved Partner; or ii where such leave was granted before the coming into force of Appendix Bereaved Partner— aa paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners); bb paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners); cc paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or dd paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces); . A25 The 2007 Regulations are amended in accordance with regulation 25. Amendments to the 2007 Regulations 25 In the Schedule (qualifying persons), in paragraph 1(1), in the definition of “person granted indefinite leave to remain as a bereaved partner” , for paragraphs (i) to (iv) (but not the “and” after paragraph (iv)) of sub-paragraph (a) substitute — i paragraph BP 11.1 of Appendix Bereaved Partner; or ii where such leave was granted before the coming into force of Appendix Bereaved Partner— aa paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners); bb paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners); cc paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or dd paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces); . PART 3 Other amendments A26 The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024 are amended in accordance with regulations 26 to 30. Amendments to the Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024 26 In regulation 30(3) omit “Part 2 of”. 27 In regulation 32— a in paragraph (j) for “the first day of the first academic year of the course” substitute “the day on which the first term of the first academic year actually begins” ; b in paragraph (k) for “the first day of the first academic year of the course” substitute “the day on which the first term of the first academic year actually begins” . 28 In regulation 34, in the introductory sentence, omit “Part 2 of”. 29 In regulation 36— a in paragraph (3) of the inserted regulation 2A— i in paragraph (i) omit “or the student’s spouse, civil partner or parent”; ii in paragraph (j) omit “or the student’s spouse, civil partner or parent”. 30 In regulation 59(d)— a in inserted paragraph (8) for “prescribed” substitute “protected” ; b in inserted paragraph (9) omit “Part 2 of”; c in inserted paragraph (10)— i in the definition of “protected category” omit “Part 2 of”; ii in the definition of “settled category” for “2” substitute “2A” . A31 The 2009 Regulations are amended in accordance with regulations 31 and 32. Amendments to the 2009 Regulations 31 In regulation 130(7) after “listed in” insert “regulation” . 32 In regulation 139(8) after “United Kingdom” insert “or the Republic of Ireland” . A33 The 2007 Regulations are amended in accordance with regulation 33. Amendments to the 2007 Regulations 33 In regulation 5— a in paragraph (1A) omit “Part 2 of” both places where it appears; b in paragraph (1B)(a) omit “Part 2 of”. Sealed with the Official Seal of the Department for the Economy on 23rd July 2024. Mr Mark Lee A senior officer of the Department for the Economy