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Paragraph 6D Persons resident in GibraltarF1F2

(1)

A person—

(a)

who is—

(i)

a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii)

a family member of a United Kingdom national, where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(iii)

an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(iv)

a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b)

who is attending or undertaking a designated course in Northern Ireland;

(c)

who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland (the relevant territory) 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 relevant territory 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 relevant territory in accordance with paragraph 1(3).

Annotations

Textual amendments

F1

Sch. Pt. 2 para. 3G and heading substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Further Education (Student Support) (Eligibility) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/128), regs. 1(1), 4(a) (with reg. 13)

F2

Sch. paras. 6A-6F inserted (1.8.2021) by The Further Education (Student Support) (Eligibility) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2021 (S.R. 2021/202), regs. 1(1), 10(2)