Paragraph 2 Persons who are settled in the United KingdomF1

England and Wales

(1)

A person—

(a)

who F2...—

(F3i)

is settled in the United Kingdom and does not fall within paragraph 3;

(ii)

is ordinarily resident in England F4on the first day of the first academic year of the course;

(iii)

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

(b)

subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.

(2)

Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).

Annotations

Textual amendments

F1: Sch. 1 para. 2 substituted (3.3.2017) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(2), 24(a)
F2: Words in Sch. 1 para. 2(1)(a) omitted (with application in accordance with reg. 2(4)(c) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 8(2)(a)
F3: Sch. 1 para. 2(1)(a)(i) substituted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 25(3)
F4: Words in Sch. 1 para. 2(1)(a)(ii) inserted (with application in accordance with reg. 2(4)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 8(2)(b)