Regulation 5 Amendment of the 2007 Regulations

In the Schedule —

(a)

in paragraph 3(d) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;

(b)

for paragraph 6, substitute—

“6

(1)

A person who—

(a)

is—

(i)

an EEA migrant worker or an EEA self-employed person;

(ii)

a Swiss employed person or a Swiss self-employed person;

(iii)

a family member of a person mentioned in paragraph (i) or (ii);

(iv)

an EEA frontier worker or an EEA frontier self-employed person;

(v)

a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)

a family member of a person mentioned in paragraph (iv) or (v);

(b)

subject to sub-paragraph (2), is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(c)

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

(2)

Paragraph (b) of sub-paragraph (1) does not apply where the person falls within paragraph (a)(iv), (v) or (vi) of that sub-paragraph.”;

(c)

in paragraph 7 (b) for “European Economic Area and Switzerland” substitute “European Economic Area, Switzerland and the overseas territories”;

(d)

in paragraph 8 (1)(d) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;

(e)

in paragraph 9 (1)—

(i)

in paragraph (a) (i) for “the first academic year”, substitute “an academic year”;

(ii)

for paragraph (c), substitute—

“(c)

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

(iii)

omit paragraph (d);

(iv)

in paragraph (e) for “paragraphs (c) or (d)”, substitute “paragraph (c )”;

(f)

in paragraph 10(1)(d) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;

(g)

in paragraph 11(c) for “European Economic Area and Switzerland”, substitute “European Economic Area, Switzerland and the overseas territories”;

(h)

in paragraph 12(c) for “European Economic Area, Switzerland and Turkey”, substitute “European Economic Area, Switzerland, Turkey and the overseas territories”.