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Paragraph 19 United Kingdom nationals

Original text. Later amendments are not shown.

(1)

A person—

(a)

who is—

(i)

a United Kingdom national on the first day of a course year of the course, or

(ii)

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

(b)

who was ordinarily resident immediately before IP completion day—

(i)

in the territory comprising the European Economic Area, Switzerland and the EU overseas territories, or

(ii)

in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area, Switzerland and the EU overseas territories,

and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the EU overseas territories throughout the period beginning on IP completion day and ending immediately before the first day of the first course year of the course,

(c)

who is undertaking the course in the United Kingdom,

(d)

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

(e)

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

(2)

Sub-paragraph (1)(d) does not apply to the family member of a United Kingdom national, where the United Kingdom national—

(a)

had, before IP completion day, exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38, and

(b)

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

(3)

Sub-paragraph (1)(e) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with paragraph 1(4).

(4)

Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).