OpenLegislation

Paragraph 6A Category 6A - EU nationals etc. with protected rightsF1

(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 undertaking a designated course in Wales,

(c)

who has been ordinarily resident in the territory comprising the United Kingdom, F2... the EEAF3, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course, and

(d)

whose ordinary residence in the territory comprising the United Kingdom, F4... the EEAF5, 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 (unless the person is treated as being ordinarily resident in that territory in accordance with paragraph 9(2)).

(2)

A person with protected rights who—

(a)

is an EU national on the first day of the first academic year of the course,

(b)

is ordinarily resident in Wales on the first day of the first academic year of the course,

(c)

has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course, and

(d)

in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was F6ordinarily resident immediately before the period of ordinary residence referred to in paragraph (c) in the territory comprising—

(i)

the United Kingdom, Gibraltar, the EEA and Switzerland, or

(ii)

the overseas territories.

Annotations

Textual amendments

F1

Sch. 2 paras. 6A-6D 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), 138

F2

Word in Sch. 2 para. 6A(1)(c) omitted (22.2.2023) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 44(c)(i) (with reg. 2)

F3

Words in Sch. 2 para. 6A(1)(c) substituted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 44(c)(ii) (with reg. 2)

F4

Word in Sch. 2 para. 6A(1)(d) omitted (22.2.2023) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 44(d)(i) (with reg. 2)

F5

Words in Sch. 2 para. 6A(1)(d) substituted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 44(d)(ii) (with reg. 2)

F6

Words in Sch. 2 para. 6A(2)(d) substituted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 44(e) (with reg. 2)