Paragraph 9A F1

Northern Ireland

(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—

(i)

attending or undertaking a designated course in Northern Ireland; or

(ii)

undertaking an intensive course, a designated distance learning course, designated part-time course or a designated Master’s, etc. course in Northern Ireland;

(c)

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

Annotations

Textual amendments

F1: Sch. 2 paras. 9A-9D inserted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 13(11)

Notes on Schedule 2

Textual amendments

F1: Sch. 2 shoulder note substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 16