OpenLegislation

Paragraph 9A F1

Wales

(1)

A person with protected rights—

(a)

who is—

(i)

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

(ii)

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

(iii)

a family member of a relevant person of Northern Ireland;

(b)

who is attending or undertaking a designated course in Wales;

(c)

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

Annotations

Textual amendments

F1

Sch. 1 paras. 9A-9D and cross-headings inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 108 (with reg. 2)