Paragraph 30 EU nationalsI1

Northern Ireland

(1)

A person with protect rights—

(a)

who is—

(i)

an EU national on the course start date;

(ii)

a family member of a person mentioned in sub-paragraph (i); or

(iii)

a family member of a relevant person of Northern Ireland;

(b)

who is undertaking the course in the United Kingdom;

(c)

who, subject to sub-paragraph (2), has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the course start date; and

(d)

subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purposes of receiving full-time education.

(2)

Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a)

is an EU national or a relevant person of Northern Ireland; and

(b)

has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the course start date.

(3)

Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories in accordance with paragraph 2.

Annotations

Commencement

I1: Sch. 2 para. 30 in operation at 1.9.2023, see reg. 1