Paragraph 8BB F1

(1)

F2Subject to sub-paragraphs (3) and (4), aperson—

(a)

who is

(F3i)

settled in the United Kingdom F4...,F5 or

(ii)

a British citizen who—

(aa)

was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date, or

(bb)

is a direct descendant of a person who was born in the British Indian Ocean Territory or, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date,

(b)

who is undertaking a designated course in Wales,

(c)

who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the first academic year of the course,

(d)

who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course,

(e)

who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course, and

(f)

subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2)

Paragraph (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 11(2).

F6(3)

For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4)

Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.

Annotations

Textual amendments

F1: Sch. 2 para. 8BB inserted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 70(g) (with reg. 2)
F2: Words in Sch. 2 para. 8BB(1) inserted (with application in accordance with reg. 2(2) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/16), regs. 1(2), 45(a)(i)
F3: Words in Sch. 2 para. 8BB(1)(a) renumbered as Sch. 2 para. 8BB(1)(a)(i) (with application in accordance with reg. 2(2) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/16), regs. 1(2), 45(a)(ii)
F4: Words in Sch. 2 para. 8BB(1)(a)(i) omitted (with application in accordance with reg. 2(1)(a) of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/16), regs. 1(2), 47(d)
F5: Sch. 2 para. 8BB(1)(a)(ii) and word inserted (with application in accordance with reg. 2(2) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/16), regs. 1(2), 45(a)(iii)
F6: Sch. 2 para. 8BB(3)(4) inserted (with application in accordance with reg. 2(2) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/16), regs. 1(2), 45(b)