OpenLegislation

Paragraph 4

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 student if that student–

(a)

is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971;

(b)

left the United Kingdom and utilised a right of residence after having been settled in the United Kingdom;

(c)

has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the 3 year period referred to in regulation 5(a); and

(d)

in the case where their ordinary residence referred to in sub-sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of residence referred to in sub-sub-paragraph (c).

(2)

For the purposes of this paragraph, a person has utilised a right of residence if that person–

(a)

is–

(i)

a United Kingdom national;

(ii)

a family member of a United Kingdom national with rights under Article 7 of Directive 2004/38f1 (or corresponding provisions under the EEA agreement or the Switzerland Agreementf2;

(iii)

a person who has a right of permanent residence arising under Directive 2004/38; and

(b)

either–

(i)

has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement in a state other than the United Kingdom; or

(ii)

in the case of a person who has a right of permanent residence in the United Kingdom arising under Directive 2004/38, has gone to the state within the territory comprising the European Economic Area and Switzerland of which that person is a national or of which the person in relation to whom that person is a family member is a national.

Annotations

Footnotes

f1

O.J. No. 158, 30.04.04, p.77.

f2

Cm. 5639.