{
  "url": "https://openlegislation.uk/education-student-support-postgraduate-masters-degrees-wales-regulations-2019/schedule-2/paragraph-8",
  "json_url": "https://openlegislation.uk/education-student-support-postgraduate-masters-degrees-wales-regulations-2019/schedule-2/paragraph-8.json",
  "legislation": "wsi/2019/895",
  "legislation_title": "The Education (Student Support) (Postgraduate Master's Degrees) (Wales) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/education-student-support-postgraduate-masters-degrees-wales-regulations-2019",
  "path": "schedule/2/paragraph/8",
  "kind": "paragraph",
  "number": "8",
  "heading": "Category 8 – EU nationals — courses beginning before 1 August 2021",
  "text": "(1) A person—\n(a) who, on the first day of the first academic year of the course is—\n(i) an EU national,\n(ii) a United Kingdom national who has exercised a right of residence, or\n(iii) the family member of a person in sub-paragraph (i) or (ii),\n(b) who is undertaking a designated course in Wales,\n(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and\n(d) whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the EEA 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 (unless the person is treated as being ordinarily resident in that territory in accordance with paragraph 11(2)).\n(1A) Any description of person who would have been eligible under sub-paragraph (1) immediately before IP completion day is to be eligible on and after IP completion day.\n(2) A person who—\n(a) is an EU national ... on the first day of the first academic year of the course,\n(b) is ordinarily resident in Wales on the first day of the first academic year of the course,\n(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course, and\n(d) in a case where a 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 United Kingdom, Gibraltar, the EEA and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).\n(3) Where a state accedes to the European Union after the first day of the first academic year of the course and a person is a national of that state, the requirement in sub-paragraph (1)(a) or (2)(a) is treated as being satisfied.\n(4) For the purposes of sub-paragraph (1)(a), a United Kingdom national has exercised a right of residence if that person has 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.\n(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 2 para. 8(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), 40(5)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 2 para. 8(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), 40(5)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 2 para. 8(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), 40(5)(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Sch. 2 para. 8(1A) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 40(5)(c)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in Sch. 2 para. 8(1A) substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 191(b) (with reg. 2)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Sch. 2 para. 8(2)(a) omitted (31.12.2020) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 40(5)(d)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Sch. 2 para. 8(2)(d) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 40(5)(e)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Sch. 2 para. 8(4) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 40(5)(f)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Sch. 2 para. 8(5) omitted (25.4.2021) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 191(c) (with reg. 2)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in Sch. 2 para. 8 heading inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 191(a) (with reg. 2)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 8 in force at 27.5.2019, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2019/895/schedule/2/paragraph/8",
    "retrieved_at": "2026-10-28T23:19:17.428535+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}