Paragraph 5 Persons settled in the United Kingdom and ordinarily resident in Great Britain and the IslandsI1

Northern Ireland

(1)

A person—

(a)

who on the course start date—

(i)

is settled in the United Kingdom and does not fall within Part 5 (EU and Other States Special Categories) of Schedule 2;

(ii)

is ordinarily resident in Great Britain and the Islands;

(iii)

has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the course start date; and

(b)

subject to sub-paragraph (2), whose residence in the United Kingdom and the Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.

(2)

Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and the Islands in accordance with paragraph 2.

Annotations

Commencement

I1: Sch. 2 para. 5 in operation at 1.9.2023, see reg. 1