# The Education (Student Support) Regulations 2011, Paragraph 9A


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

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Source: https://www.legislation.gov.uk/uksi/2011/1986/schedule/1/paragraph/9A (the official version)
Page: https://openlegislation.uk/education-student-support-regulations-2011/schedule-1/paragraph-9A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.