Paragraph 2A F1

England and Wales

(1)

A person—

(a)

who is settled in the United Kingdom F2... and does not fall within paragraph 3;

(b)

who is —

(i)

attending or undertaking a designated course in England; or

(ii)

undertaking an intensive course, designated part-time course or a designated postgraduate course in England;

(c)

who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the Republic of Ireland throughout the three-year period preceding the first day of the first academic year of the course F3and who has been ordinarily resident in the Republic of Ireland for least part of that period;

(d)

subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the Republic of Ireland 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; F4and

(F5e)

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

(2)

Paragraph (d) 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 Republic of Ireland in accordance with paragraph 1(4).

Annotations

Textual amendments

F1: Sch. 1 para. 2A inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 25(4)
F2: Words in Sch. 1 para. 2A(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)(c)
F3: Words in Sch. 1 para. 2A(1)(c) inserted (1.9.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/929), regs. 1(1), 7(a)(ii)
F4: Word moved from Sch. 1 para. 2A(1)(c) to Sch. 1 para. 2A(1)(d) (1.9.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/929), regs. 1(1), 7(a)(ii)
F5: Sch. 1 para. 2A(1)(e) inserted (1.9.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/929), regs. 1(1), 7(a)(iii)