Paragraph 9A F1

(1)

A person with protected rights—

(a)

who is —

(i)

an EU national on the first day of the first academic year of the course;

(ii)

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

(iii)

a family member of a relevant person of Northern Ireland;

(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, F2... the European Economic Area F3, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d)

subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, F4... the European Economic Area F5, Switzerland and the overseas territories 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.

(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, F6... the European Economic Area F7, Switzerland and the overseas territories in accordance with paragraph 1(4).

Annotations

Textual amendments

F1: Sch. 1 paras. 9A-9D inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 25(10)
F2: Word in Sch. 1 para. 9A(1)(c) omitted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 11(10)(g)(i)(aa)
F3: Words in Sch. 1 para. 9A(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)(g)(i)(bb)
F4: Word in Sch. 1 para. 9A(1)(d) omitted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 11(10)(g)(ii)(aa)
F5: Words in Sch. 1 para. 9A(1)(d) 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)(g)(ii)(bb)
F6: Word in Sch. 1 para. 9A(2) omitted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 11(10)(h)(i)
F7: Words in Sch. 1 para. 9A(2) 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)(h)(ii)