Paragraph 9

United Kingdom

(1)

A person who—

(a)

is either—

(i)

an EU national on the first day of the first academic year of the course; or

(ii)

a family member of a such a person;

(b)

is attending or undertaking a designated course in England;

(c)

has been ordinarily resident in the territory comprising F1the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d)

subject to sub-paragraph (2), whose ordinary residence in the territory comprising F2the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2)

Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising F3the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph F41(5).

(3)

Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national on the first day of the first academic year of the course is treated as being satisfied.

F5(4)

Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 9(1)(c) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 27(3)(e)(i)
F2: Words in Sch. 1 para. 9(1)(d) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 27(3)(e)(i)
F3: Words in Sch. 1 para. 9(2) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 27(3)(e)(i)
F4: Word in Sch. 1 para. 9(2) substituted (12.6.2017) by The Education (Postgraduate Masters Degree Loans) (Amendment) Regulations 2017 (S.I. 2017/594), regs. 1(1), 2(7)(b)
F5: Sch. 1 para. 9(4) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 27(3)(e)(ii)

Notes on EU nationals etc.

Textual amendments

F1: Word in Sch. 1 para. 9 cross-heading inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 57(9)