OpenLegislation

Paragraph 9C United Kingdom nationalsF1

United Kingdom

(1)

A person—

(a)

who is a family member of a person who is F2settled in the United Kingdom on the first day of the first academic year of the course;

(b)

who is attending or undertaking a designated course in England;

(c)

who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; F3...

(d)

subject to sub-paragraph (2), whose ordinary residence in the United Kingdom and Islands 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, and

(e)

who did not move to England from the Islands for the purpose of undertaking the designated course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.

(2)

Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(5).

Annotations

Textual amendments

F1

Sch. 1 paras. 9A-9D inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 57(10)

F2

Words in Sch. 1 para. 9C(1)(a) substituted (23.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 46

F3

Sch. 1 para. 9C(1)(e) inserted and terminal word "and" moved to para. 9C(1)(d) (1.9.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/929), regs. 1(1), 25(c)

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)