Paragraph 9 EU nationals etc.F12

Wales

(1)

A person F1...—

F2(a)

who, on the first day of the first academic year of the course, is—

(i)

an EU national;

(ii)

a United Kingdom national who has exercised a right of residence; or

(iii)

the family member of a person in sub-paragraph (i) or (ii);

(b)

F3who is attending or undertaking a designated course in Wales; F4...

(c)

F5who has been ordinarily resident in the territory comprising F6the 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 F7the 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 F8the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

(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.

(4)

For the purposes of this paragraph, a United Kingdom national has exercised a right of residence if that person F9has resided in Gibraltar or has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom.

F10(5)

Any description of person who would have been eligible under this paragraph immediately before F11IP completion day is to be eligible on and after IP completion day.

Annotations

Textual amendments

F1: Word in Sch. 1 para. 9(1) omitted (28.7.2017) by virtue of The Education (Postgraduate Master’s Degree Loans) (Wales) (Amendment) Regulations 2017 (S.I. 2017/712), regs. 1(2), 5(a)
F2: Sch. 1 para. 9(1)(a) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 27(3)(e)(i)
F3: Word in Sch. 1 para. 9(1)(b) inserted (28.7.2017) by The Education (Postgraduate Master’s Degree Loans) (Wales) (Amendment) Regulations 2017 (S.I. 2017/712), regs. 1(2), 5(d)
F4: Word in Sch. 1 para. 9(1)(b) omitted (28.7.2017) by virtue of The Education (Postgraduate Master’s Degree Loans) (Wales) (Amendment) Regulations 2017 (S.I. 2017/712), regs. 1(2), 5(e)
F5: Word in Sch. 1 para. 9(1)(c) inserted (28.7.2017) by The Education (Postgraduate Master’s Degree Loans) (Wales) (Amendment) Regulations 2017 (S.I. 2017/712), regs. 1(2), 5(f)
F6: Words in Sch. 1 para. 9(1)(c) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 27(3)(e)(ii)
F7: Words in Sch. 1 para. 9(1)(d) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 27(3)(e)(ii)
F8: Words in Sch. 1 para. 9(2) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 27(3)(e)(ii)
F9: Words in Sch. 1 para. 9(4) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 27(3)(e)(iii)
F10: Sch. 1 para. 9(5) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 27(3)(e)(iv)
F11: Word in Sch. 1 para. 9(5) substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 107(b) (with reg. 2)
F12: Word in Sch. 1 para. 9 cross-heading inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 107(a) (with reg. 2)