Paragraph 5 Category 5 – Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere — courses beginning before 1 August 2021F10
A person who—
is settled in the United Kingdom,
is ordinarily resident in the United Kingdom on the day on which the course begins,
has been ordinarily resident in the territory comprising F3the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and
in a case where the person's ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full time education, was ordinarily resident in the territory comprising F4the United Kingdom, Gibraltar, the EEA and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).
For the purposes of this paragraph, a person has exercised a right of residence if sub-paragraph (3) or (4) applies to the person.
This sub-paragraph applies to a person who is—
a United Kingdom national,
a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement), or
a person who F5had the right of permanent residence,
who 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.
This paragraph applies to a person (“P”)—
who is settled in the United Kingdom and F6had the right of permanent residence, and
who F7has gone to the state within the territory comprising the EEA and Switzerland of which P is a national or of which the person in relation to whom P is a family member is a national.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.
Annotations
Textual amendments
- F1
Words in Sch. 2 para. 5(1)(b) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 31(4)(a)
- F2
Word in Sch. 2 para. 5(1)(b) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 135(b)
- F3
Words in Sch. 2 para. 5(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), 31(4)(b)
- F4
Words in Sch. 2 para. 5(1)(e) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 31(4)(b)
- F5
Words in Sch. 2 para. 5(3)(c) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 31(4)(c)
- F6
Words in Sch. 2 para. 5(4)(a) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 31(4)(d)(i)
- F7
Words in Sch. 2 para. 5(4)(b) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 31(4)(d)(ii)
- F8
Sch. 2 para. 5(5) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 135(c)
- F9
Sch. 2 para. 5(6) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 31(4)(e)
- F10
Words in Sch. 2 para. 5 heading inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 135(a)