Paragraph 6A F1

(1)

A person with protected rights, or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who—

(a)

is—

(i)

an EEA migrant worker or an EEA self-employed person;

(ii)

a Swiss employed person or a Swiss self-employed person;

(iii)

a family member of a person mentioned in sub-paragraph (i) or (ii);

(iv)

an EEA frontier worker or an EEA frontier self-employed person;

(v)

a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)

a family member of a person mentioned in sub-paragraph (iv) or (v);

(b)

subject to sub-paragraph (2), is ordinarily resident in England on the first day of the first academic year of the course; and

(F2c)

has been ordinarily resident throughout the three-year period preceding the first day of the first academic year of the course either—

(i)

in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii)

in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories, where at least part of that ordinary residence was in the overseas territories.

(2)

Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

(3)

In this paragraph, a description of a person in sub-paragraph(1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.

Annotations

Textual amendments

F1: Sch. 1 para. 6A inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 25(6)
F2: Sch. 1 para. 6A(1)(c) substituted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 11(10)(e)