# The Education (Student Support) (Wales) Regulations 2017, Paragraph 9: EU nationals etc.

Extent: E+W

(1) A person who—
(a) on the first day of the first academic year of the course is—
(i) an EU national;
(ii) a United Kingdom national who has exercised a right of residence; or
(iii) the family member of a person in sub-paragraph (i) or (ii);
(b) is—
(i) attending or undertaking a designated course in Wales; or
(ii) undertaking ... a designated part-time course or designated postgraduate course in Wales;
(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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, Gibraltar, the European Economic Area and Switzerland 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, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).
(3) Where a state accedes to the European Union after the first day of the first academic year of the course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national on the first day of the first academic year of the course is treated as being satisfied.
(4) For the purposes of this paragraph, a United Kingdom national has exercised a right of residence if that person has resided in Gibraltar or has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom.
(5) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

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Source: https://www.legislation.gov.uk/wsi/2017/47/schedule/1/paragraph/9 (the official version)
Page: https://openlegislation.uk/education-student-support-wales-regulations-2017/schedule-1/paragraph-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.