Paragraph 8 Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

England, Wales and Scotland

(1)

A person who—

(a)

is settled in the United Kingdom;

(b)

left the United Kingdom and exercised a right of residence F1before IP completion day after having been settled in the United Kingdom;

(c)

is ordinarily resident in the United Kingdom on F2the course start date;

(d)

has been ordinarily resident in the territory comprising F3the United Kingdom, the F4European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first F5relevant year of the course; and

(e)

in a case where his ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising F6the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).

(2)

For the purposes of this paragraph, a person has exercised a right of residence if he is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who F7had the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if he F8has gone to the state within the territory comprising the European Economic Area and Switzerland of which he is a national or of which the person in relation to whom he is a family member is a national.

F9(3)

For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 8(1)(b) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 16(6)(a)(i)
F2: Words in Sch. 1 para. 8(1)(c) substituted (16.2.2023) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 56(3)
F3: Words in Sch. 1 para. 8(1)(d) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 16(6)(a)(ii)
F4: Words in Sch. 1 para. 8(1)(d) substituted (1.9.2007) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2007 (S.I. 2007/2263), regs. 1, 7(d)
F5: Word in Sch. 1 para. 8(1)(d) substituted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 6(9) (with reg. 1(2))
F6: Words in Sch. 1 para. 8(1)(e) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 16(6)(a)(iii)
F7: Words in Sch. 1 para. 8(2) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 16(6)(b)(i)
F8: Words in Sch. 1 para. 8(2) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 16(6)(b)(ii)
F9: Sch. 1 para. 8(3) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 16(6)(c)