Paragraph 10 EU nationals etc.F5

England and Wales

(1)

A person who—

(a)

is either—

(i)

an EU national on the first day of an academic year of the course; or

(ii)

a family member of such a person;

(b)

is undertaking the course in the United Kingdom;

(c)

has been ordinarily resident in the territory comprising F1the United Kingdom, the European Economic Area, 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 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.

F2(2)

Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a)

is—

(i)

a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or

(ii)

an EU national; and

(b)

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

(3)

Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the F3relevant territory in accordance with paragraph (2)(2).

F4(4)

Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.

Annotations

Textual amendments

F1: Words in Sch. para. 10(1)(c) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 30(3)(e)(i)
F2: Sch. para. 10(2) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 30(3)(e)(ii)
F3: Words in Sch. para. 10(3) substituted (25.7.2018) by The Higher Education (Fee Limits and Fee Limit Condition) (England) Regulations 2018 (S.I. 2018/903), regs. 1, 18(e)
F4: Sch. para. 10(4) inserted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 30(3)(e)(iii)
F5: Word in Sch. para. 10 heading inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 61(10)