
PART 1
1 

(1) The title of these Regulations is the Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2023.
(2) These Regulations come into force on 6 July 2023.
PART 2
CHAPTER 1
2 
The Education (Fees and Awards) (Wales) Regulations 2007 are amended in accordance with this Part.
CHAPTER 2
3 
In regulation 2(1)—
(a) in the definition of “overseas territories”—
(i) omit “British Virgin Islands;”;
(ii) for “St Helena and Dependencies (Ascension Island and Tristan de Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”;
(iii) after “Turks and Caicos Islands” insert “; Virgin Islands;”;
(b) in the definition of “specified British overseas territories”—
(i) omit “British Virgin Islands;”;
(ii) for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”;
(iii) for “and Turks and Caicos Islands” substitute “Turks and Caicos Islands; and Virgin Islands”.
CHAPTER 3
4 
In the Schedule, in paragraph 1, in the definition of “person granted leave to enter or remain as a protected person”—
(a) for paragraph (e) substitute—“
(e) indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules;”;
(b) after paragraph (e) insert—“
(ea) leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;
(eb) indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of the immigration rules;”.
PART 3
CHAPTER 1
5 
The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 are amended in accordance with this Part.
CHAPTER 2
6 
In the Schedule, in paragraph 1(1)—
(a) in the definition of “overseas territories”—
(i) omit “British Virgin Islands;”;
(ii) for “St Helena and Dependencies (Ascension Island and Tristan de Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”;
(iii) after “Turks and Caicos Islands” insert “; Virgin Islands; ”;
(b) in the definition of “specified British overseas territories”—
(i) omit “British Virgin Islands;”;
(ii) for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”;
(iii) for “and Turks and Caicos Islands” substitute “Turks and Caicos Islands; and Virgin Islands”.
CHAPTER 3
7 
In the Schedule, in paragraph 1(1), in the definition of “person granted leave to enter or remain as a protected person”—
(a) for paragraph (e) substitute—“
(e) indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules;”;
(b) after paragraph (e) insert—“
(ea) leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;
(eb) indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of the immigration rules;”.
PART 4
CHAPTER 1
8 
The Education (Student Support) (Wales) Regulations 2017 are amended in accordance with this Part.
CHAPTER 2
9 
In regulation 4, after paragraph (11) insert—“
(11A) Paragraphs (9), (9A), (9B), (10), (10A), (10B), (10C), (10D), (10E) or (10F) do not apply where, as at the day before the academic year in respect of which A is applying for support starts—
(a) A; or
(b) the person who, as a result of their immigration status, caused A to be an eligible student or a qualifying student,
is a British or Irish citizen.”.
10 
In regulation 81, after paragraph (10F) insert—“
(10G) Paragraphs (9), (9A), (9B), (10), (10A), (10B), (10C), (10D), (10E) or (10F) do not apply where, as at the day before the academic year in respect of which A is applying for support begins—
(a) A; or
(b) the person who, as a result of their immigration status, caused A to be an eligible part-time student,
is a British or Irish citizen.”.
11 
In regulation 110, after paragraph (12F) insert—“
(12G) Paragraphs (11), (11A), (11B), (12), (12A), (12B), (12C), (12D), (12E) or (12F) do not apply where, as at the day before the academic year in respect of which A is applying for support begins—
(a) A; or
(b) the person who, as a result of their immigration status, caused A to be an eligible postgraduate student,
is a British or Irish citizen.”.
PART 5
CHAPTER 1
12 
The Education (Student Support) (Wales) Regulations 2018 are amended in accordance with this Part.
CHAPTER 2
13 
In Schedule 2, in paragraph 11(1)—
(a) in the definition of “overseas territories”—
(i) omit “British Virgin Islands,”;
(ii) for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”;
(iii) after “Turks and Caicos Islands,” insert “Virgin Islands,”;
(b) in the definition of “specified British overseas territories”—
(i) omit “British Virgin Islands,”;
(ii) for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”;
(iii) for “and Turks and Caicos Islands” substitute “Turks and Caicos Islands, and Virgin Islands”.
CHAPTER 3
14 
In Schedule 2, in paragraph 2ZA(4), in paragraph (ea)—
(a) for sub-paragraph (i) substitute—“
(i) indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules,”;
(b) after sub-paragraph (i) insert—“
(ia) leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules,
(ib) indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of the immigration rules,”.
CHAPTER 4
15 
After regulation 23G insert—“
23H. 
Regulations 22, 22A, 23, 23A, 23B, 23C, 23D, 23E, 23F or 23G do not apply where as at the end of the day before the first day of the academic year in respect of which P is applying for support—
(a) P, or
(b) the person who, as a result of their immigration status, caused P to be an eligible student,is a British or Irish citizen.”.
16 
In Schedule 4, after paragraph 13G insert—“
13H. 
Paragraphs 12, 12A, 13, 13A, 13B, 13C, 13D, 13E, 13F or 13G do not apply where, as at the end of the day before the first day of the academic year in respect of which P is applying for support—
(a) P, or
(b) the person who, as a result of their immigration status, caused P to be an eligible postgraduate student,is a British or Irish citizen.”.
PART 6
CHAPTER 1
17 
The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 are amended in accordance with this Part.
CHAPTER 2
18 
In Schedule 1, in paragraph 1(1)—
(a) in the definition of “overseas territories”—
(i) omit “British Virgin Islands;”;
(ii) for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”;
(iii) after “Turks and Caicos Islands;” insert “Virgin Islands;”;
(b) in the definition of “specified British overseas territories”—
(i) omit “British Virgin Islands;”;
(ii) for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”;
(iii) for “and Turks and Caicos Islands” substitute “Turks and Caicos Islands; and Virgin Islands”.
CHAPTER 3
19 
In regulation 2(1), in the definition of “person with leave to enter or remain as a relevant Afghan citizen”—
(a) for paragraph (a) substitute—“
(a) indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules;”;
(b) after paragraph (a) insert—“
(aa) leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;
(ab) indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of the immigration rules;”.
PART 7
CHAPTER 1
20 
The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 are amended in accordance with this Part.
CHAPTER 2
21 
In Schedule 2, in paragraph 13(1)—
(a) in the definition of “overseas territories”—
(i) omit “British Virgin Islands,”;
(ii) for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”;
(iii) after “Turks and Caicos Islands,” insert “Virgin Islands,”;
(b) in the definition of “specified British overseas territories”—
(i) omit “British Virgin Islands,”;
(ii) for “St Helena and Dependencies (Ascension Island and Tristan da Cunha)” substitute “St Helena, Ascension and Tristan da Cunha”;
(iii) for “and Turks and Caicos Islands” substitute “Turks and Caicos Islands, and Virgin Islands”.
CHAPTER 3
22 
In Schedule 2, in paragraph 2A(4)(da)—
(a) for sub-paragraph (i) substitute—“
(i) indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules,”;
(b) after sub-paragraph (i) insert—“
(ia) leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules or paragraph ARAP 16.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules,
(ib) indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of the immigration rules,”.
Jeremy Miles
Minister for Education and Welsh language, one of the Welsh Ministers
12 June 2023