Paragraph 2 Persons who are settled in the United KingdomI1

England and Wales

(1)

A person who F1...—

F2(a)

is settled in the United Kingdom and does not fall within paragraph 3;

(b)

is ordinarily resident in the United Kingdom F3on the first day of the first academic year of the course;

(c)

has been ordinarily resident in the F4United Kingdom and the Islands 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 residence in the United Kingdom and the Islands 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 United Kingdom and the Islands in accordance with paragraph 1(3).

Annotations

Textual amendments

F1: Words in Sch. para. 2(1) omitted (with application in accordance with reg. 2(1)(a) of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/16), regs. 1(2), 13(a)
F2: Sch. para. 2(1)(a) substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 33 (with reg. 2)
F3: Words in Sch. para. 2(1)(b) inserted (with application in accordance with reg. 2(1)(a) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/16), regs. 1(2), 13(b)
F4: Words in Regulations substituted (8.3.2019) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(2), 12

Commencement

I1: Sch. para. 2 in force at 31.7.2015, see reg. 1(1)