Regulation 6 Amendment of the 2011 RegulationsI1

In Schedule 1, Part 2 (Eligible Students – Categories) after paragraph 10, insert—

“10A.

(1)

A person who—

(a)

is an EU national other than a United Kingdom national on the first day of the first academic year of the course;

(b)

is ordinarily resident in England on the first day of the first academic year of the course;

(c)

has been ordinarily resident in the United Kingdom and Islands throughout the five-year period immediately preceding the first day of the first academic year of the course; and

(d)

in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

(2)

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, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national other than a United Kingdom national on the first day of the first academic year of the course is treated as being satisfied.”.