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Paragraph 2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person shall be an excepted candidate if he is–

(a)

an EEA migrant worker who–

(i)

satisfies the conditions mentioned in sub-paragraph (2), and

(ii)

is eligible for a maintenance award by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community (which was extended to apply to the whole European Economic Area by the EEA Agreement) or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member state in relation to matters which are the subject of Article 7(2) and (3);

(b)

the spouse of an EEA migrant worker and he–

(i)

satisfies the conditions mentioned in sub-paragraph (2), and

(ii)

is installed in the United Kingdom with his spouse; or

(c)

the child of an EEA migrant worker and he–

(i)

satisfies the conditions mentioned in sub-paragraph (2), and

(ii)

is eligible for a maintenance award by virtue of Article 12 of the above mentioned Council Regulation or, where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member state in relation to matters which are the subject of Article 12.

(2)

The conditions referred to in sub-paragraph (1) are that–

(a)

he has been ordinarily resident in the European Economic Area throughout the period of three years immediately preceding the relevant date, and

(b)

his residence there during any part of that three year period has not been wholly or mainly for the purpose of receiving full-time education.