OpenLegislation

Paragraph 9 EU nationals etc.F5I1

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 a such a person;

(b)

is undertaking the course in the United Kingdom;

(c)

subject to sub-paragraph (2), 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)

subject to sub-paragraph (3), 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 relevant territory in accordance with paragraph 1(3).

F3(4)

Any description of person who would have fallen within this paragraph immediately before F4IP 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. 9(1)(c) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 9(7)(a)

F2

Sch. para. 9(2) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 9(7)(b)

F3

Sch. para. 9(4) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 9(7)(c)

F4

Word in Sch. para. 9(4) substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 44(b) (with reg. 2)

F5

Word in Sch. para. 9 heading inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 44(a) (with reg. 2)

Commencement

I1

Sch. para. 9 in force at 31.7.2015, see reg. 1(1)