Paragraph 4

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

Sch. 2 para. 4(1)(c) omitted by Education (Amendments in respect of Graduate Endowment, Student Fees and Support) 2007 reg. 2(4)(a)(i)
Sch. 2 para. 4(3) inserted by Education (Amendments in respect of Graduate Endowment, Student Fees and Support) 2007 reg. 2(4)(a)(ii)
Sch. 2 para. 10A inserted by Education (Amendments in respect of Graduate Endowment, Student Fees and Support) 2007 reg. 2(4)(b)
Sch. 2 para. 4(1)(b) substituted by Education (Fees and Awards for EC Nationals and UK Returners) 2009 reg. 12
Sch. 2 para. 6A inserted by Education (Fees, Awards and Student Support) 2009 reg. 13(a)
Sch. 2 para. 11 word inserted by Education (Fees, Awards and Student Support) 2009 reg. 13(b)
Sch. 2 revoked by Education (Fees, Awards and Student Support) 2012 reg. 21

(1)

A person shall be an excepted candidate if that person–

(a)

is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971^f1;

(b)

left the United Kingdom and utilised a right of residence after having been settled in the United Kingdom and, where the person is a national of the United Kingdom, was ordinarily resident in Scotland immediately prior to exercising that right and any residence in Scotland in the preceding 3 years was not wholly or mainly for the purposes of receiving full-time education;

(c)

is ordinarily resident in Scotland on the day on which the first term of the first academic year of the course actually begins;

(d)

has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date; and

(e)

in the case where their ordinary residence referred to in sub-sub-paragraph (d) 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 (d).

(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 2004/38^f2 (or corresponding provisions under the EEA agreement or the Switzerland Agreement^f3); or

(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: 1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).
f2: O.J. No. 158, 30.04.04, p.77.
f3: Cm. 5639.