OpenLegislation

Paragraph 8 Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereI1

England and Wales

(1)

A person who—

(a)

is settled in the United Kingdom;

(b)

left the United Kingdom and exercised a right of residence F1before F2IP completion day after having been settled in the United Kingdom;

(c)

is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year begins;

(d)

has been ordinarily resident in the territory comprising F3the 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

(e)

in a case where the 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 European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).

(2)

For the purposes of this paragraph, a person (“A” in this sub-paragraph) has exercised a right of residence—

(a)

where A 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, A 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; or

(b)

where A is settled in the United Kingdom and F6had the right of permanent residence, A F7has gone to the state within the territory comprising the European Economic Area and Switzerland of which A is a national or of which the person in relation to whom A is a family member is a national.

F8(3)

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. para. 8(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), 9(6)(a)

F2

Word in Sch. para. 8(1)(b) substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 42 (with reg. 2)

F3

Words in Sch. para. 8(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), 9(6)(b)

F4

Words in Sch. para. 8(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), 9(6)(c)

F5

Words in Sch. para. 8(2)(a) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 9(6)(d)(i)

F6

Words in Sch. para. 8(2)(b) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 9(6)(d)(ii)(aa)

F7

Words in Sch. para. 8(2)(b) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 9(6)(d)(ii)(bb)

F8

Sch. para. 8(3) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 9(6)(e)

Commencement

I1

Sch. para. 8 in force at 31.7.2015, see reg. 1(1)