# The Education (Student Support) (European Institutions) Regulations 2006, Paragraph 8: Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

Extent: E+W
Status: prospective

(1) A person who—
(a) is settled in the United Kingdom;
(b) left the United Kingdom and exercised a right of residence after having been settled in the United Kingdom;
(c) either—
(i) in the case of a person applying for support before the moving date and subject to paragraph (2)—
(aa) is ordinarily resident in England on the date he applies for support; and
(bb) satisfies the Secretary of State that he will be ordinarily resident in England immediately before the moving date; or
(ii) in the case of a person applying for support after the moving date, satisfies the Secretary of State that he was ordinarily resident in England immediately before the moving date;
(d) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the moving date; and
(e) in a case where his ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).
(2) For the purposes of this paragraph, a person has exercised a right of residence if he is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who has the right of permanent residence who in each case 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 or, in the case of a person who is settled in the United Kingdom and has a right of permanent residence, if he goes to the state within the territory comprising the European Economic Area and Switzerland of which he is a national or of which the person in relation to whom he is a family member is a national.
(3) A person who applies for support before the moving date and who is not ordinarily resident in England on the date he applies for support, may be treated as satisfying paragraphs (c)(i)(aa) and (bb) of sub-paragraph (1) if the Secretary of State is satisfied that—
(a) he is not so resident for a reason connected with the exercise of the right of residence referred to in paragraph (b) of sub-paragraph (1); and
(b) he will be ordinarily resident in England immediately before the moving date.

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Source: https://www.legislation.gov.uk/uksi/2006/953/schedule/1/paragraph/8 (the official version)
Page: https://openlegislation.uk/education-student-support-european-institutions-regulations-2006/schedule-1/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.