OpenLegislation

Paragraph 9 EU nationals etc.F9I1

England and Wales

(1)

A person who—

F1(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 F2... a designated part-time course or designated postgraduate course in Wales;

(c)

has been ordinarily resident in the territory comprising F3the 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 F4the 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 F5the 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 F6has 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.

F7(5)

Any description of person who would have been eligible under this paragraph immediately before F8IP completion day is to be eligible on and after IP completion day.

Annotations

Textual amendments

F1

Sch. 1 para. 9(1)(a) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 20(3)(e)(i)

F2

Words in Sch. 1 para. 9(1)(b)(ii) omitted (25.4.2021) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 80(b) (with reg. 2)

F3

Words in Sch. 1 para. 9(1)(c) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 20(3)(e)(ii)

F4

Words in Sch. 1 para. 9(1)(d) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 20(3)(e)(ii)

F5

Words in Sch. 1 para. 9(2) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 20(3)(e)(ii)

F6

Words in Sch. 1 para. 9(4) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 20(3)(e)(iii)

F7

Sch. 1 para. 9(5) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 20(3)(e)(iv)

F8

Word in Sch. 1 para. 9(5) substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 80(c) (with reg. 2)

F9

Word in Sch. 1 para. 9 heading inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 80(a) (with reg. 2)

Commencement

I1

Sch. 1 para. 9 in force at 17.2.2017, see reg. 1(2)