Paragraph 1 Students with a relevant connection with Scotland and excepted students: ordinary residence on relevant dateF3I1

For the purposes of regulation 3(a) (relevant connection with Scotland) F1and schedule 1, a student is to be treated as being ordinarily resident in Scotland on the relevant date if that student was not actually so resident only because—

was temporarily employed outside Scotland, or attending a course of study or undertaking postgraduate research outside Scotland.

For the purposes of regulation 3(a) and schedule 1, a student who is resident in Scotland on the relevant date as a result of having moved to Scotland for the purpose of undertaking a course of education is to be considered to be ordinarily resident in the area from where they moved.

Sub-paragraph (2) does not apply to a student who has acquired settled status in the United Kingdom under the Immigration Act 1971 as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38.