Student Fees (Qualifying Persons) (England) Bill (HL Bill 46)

A

BILL

TO

Entitle students granted discretionary leave to remain to be charged tuition
fees and maintenance support on the same basis as home students; and for
connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Amendment of the Qualifying Courses and Persons Regulations

(1) The Student Fees (Qualifying Courses and Persons) (England) Regulations
2007 (S.I. 2007/778S.I. 2007/778), as amended by the Education (Student Fees, Awards and
Support) (Amendment) Regulations 2011 (S.I. 2011/87S.I. 2011/87), is amended as follows.

(2) 5In paragraph 1 of Schedule 1, for the definition of “person granted
humanitarian protection” substitute—

  • ““person with leave to enter or remain” means a person who has—

    (a)

    applied for refugee status but has as a result of that
    application been informed in writing by a person acting
    10under the authority of the Secretary of State for the
    Home Department that, although that person is
    considered not to qualify for recognition as a refugee, it
    is thought right to allow that person to enter or remain
    in the United Kingdom and they are granted leave
    15accordingly, or

    (b)

    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 that person to enter or remain in
    20the United Kingdom and the person has been granted
    leave to enter or remain on human rights grounds or
    outside the Immigration rules.”

(3) For paragraph 5 of Schedule 1, substitute—

“Persons with leave to enter or remain and their family members

5 (1) 25A person—

Student Fees (Qualifying Persons) (England) BillPage 2

(a) with leave to enter or remain; and

(b) who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(2) A person who—

(a) is the spouse or civil partner of a person with leave to enter
5or remain;

(b) was the spouse or civil partner of the person with leave to
enter or remain on the date on which that person made—

(i) the application for asylum; or

(ii) the application for leave to enter or remain, where no
10application for asylum was made; and

(c) is ordinarily resident in the United Kingdom on the first day
of the first academic year of the course.

(3) A person—

(a) who is the child of a person with leave to enter or remain or
15the child of the spouse or civil partner of a person with leave
to enter or remain;

(b) who, on the date on which the person with leave to enter or
remain made—

(i) the application for asylum; or

(ii) 20the application for leave to enter or remain, where no
application for asylum was made,

was the child of that person 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;

(c) 25who was under 18 on the date on which the person with leave
to enter or remain made—

(i) the application for asylum; or

(ii) the application for leave to enter or remain, where no
application for asylum was made; and

(d) 30who is ordinarily resident in the United Kingdom on the first
day of the first academic year of the course.”

2 Amendment of the Fees Regulations

(1) The Education (Fees and Awards) (England) Regulations 2007 S.I. 2007/779S.I. 2007/779, as
amended by the Education (Student Fees, Awards and Support) (Amendment)
35Regulations 2011 (S.I. 2011/87S.I. 2011/87), is amended as follows.

(2) In paragraph 1 of Schedule 1, for the definition of “person granted
humanitarian protection” substitute—

  • ““person with leave to enter or remain” means a person who has—

    (a)

    applied for refugee status but has as a result of that
    40application been informed in writing by a person acting
    under the authority of the Secretary of State for the
    Home Department that, although that person is
    considered not to qualify for recognition as a refugee, it
    is thought right to allow that person to enter or remain
    45in the United Kingdom and they are granted leave
    accordingly, or

    Student Fees (Qualifying Persons) (England) BillPage 3

    (b)

    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 that person to enter or remain in
    5the United Kingdom and the person has been granted
    leave to enter or remain on human rights grounds or
    outside the Immigration rules.”

(3) For paragraph 5 of Schedule 1, substitute—

“Persons with leave to enter or remain and their family members

5 (1) 10A person—

(a) with leave to enter or remain; and

(b) who is ordinarily resident in the United Kingdom on the first
day of the first academic year of the course.

(2) A person who—

(a) 15is the spouse or civil partner of a person with leave to enter
or remain;

(b) was the spouse or civil partner of the person with leave to
enter or remain on the date on which that person made—

(i) the application for asylum; or

(ii) 20the application for leave to enter or remain, where no
application for asylum was made; and

(c) is ordinarily resident in the United Kingdom on the first day
of the first academic year of the course.

(3) A person—

(a) 25who is the child of a person with leave to enter or remain or
the child of the spouse or civil partner of a person with leave
to enter or remain;

(b) who, on the date on which the person with leave to enter or
remain made—

(i) 30the application for asylum; or

(ii) the application for leave to enter or remain, where no
application for asylum was made,

was the child of that person or the child of a person who was
the spouse or civil partner of the person with leave to enter or
35remain on that date;

(c) who was under 18 on the date on which the person with leave
to enter or remain made—

(i) the application for asylum; or

(ii) the application for leave to enter or remain, where no
40application for asylum was made; and

(d) who is ordinarily resident in the United Kingdom on the first
day of the first academic year of the course.”

3 Extent, commencement and short title

(1) This Act extends to England only.

(2) 45This section comes into force on the day on which this Act is passed.

Student Fees (Qualifying Persons) (England) BillPage 4

(3) Sections 1 and 2 come into force six months after the day on which this Act is
passed.

(4) This Act may be cited as the Student Fees (Qualifying Persons) (England) Act
2015.