OpenLegislation

Paragraph 5 Persons with leave to enter or remain and their family membersF1I1

England and Wales

(1)

A person—

(a)

with leave to enter or remain;

(b)

who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c)

who 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.

(2)

A person—

(a)

who is the spouse or civil partner of a person with leave to enter or remain;

(F2b)

who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made—

(i)

the application for asylum; or

(ii)

the application for discretionary leave, where no application for asylum was made;

(c)

who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(d)

who 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.

(3)

A person—

(a)

who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;

(F3b)

who, on the date on which the person with leave to enter or remain made—

(i)

the application for asylum; or

(ii)

the application for discretionary leave, where no application for asylum was made,

was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(F4c)

who was under 18 on the date on which the person with leave to enter or remain made—

(i)

the application for asylum; or

(ii)

the application for discretionary leave, where no application for asylum was made;

(d)

who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(e)

who 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.

Annotations

Textual amendments

F1

Regulations revoked (1.9.2014) by The Education (Student Support) (Wales) Regulations 2013 (S.I. 2013/3177), regs. 1(2), 3(1) (with savings in reg. 3(2)-(18))

F2

Sch. 1 para. 5(2)(b) substituted (30.8.2013) by The Education (Student Support and European Institutions) (Wales) Regulations 2013 (S.I. 2013/1965), regs. 1(2), 23(a)

F3

Sch. 1 para. 5(3)(b) substituted (30.8.2013) by The Education (Student Support and European Institutions) (Wales) Regulations 2013 (S.I. 2013/1965), regs. 1(2), 23(b)

F4

Sch. 1 para. 5(3)(c) substituted (30.8.2013) by The Education (Student Support and European Institutions) (Wales) Regulations 2013 (S.I. 2013/1965), regs. 1(2), 23(c)

Commencement

I1

Sch. 1 para. 5 in force at 4.1.2013, see reg. 1(2)