# The Higher Education Short Course Loans Regulations 2022, Paragraph 15: Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

Extent: E+W

(1) A person who—
(a) is settled in the United Kingdom,
(b) was ordinarily resident in England and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day,
(c) was ordinarily resident immediately before IP completion day—
(i) in the territory comprising Gibraltar, the European Economic Area and Switzerland (“the relevant territory”), or
(ii) in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the relevant territory,
and has remained ordinarily resident in the territory comprising the United Kingdom and the relevant territory throughout the period beginning on IP completion day and ending immediately before the first day of the HE short course,
(d) is ordinarily resident in the United Kingdom on the first day on the HE short course,
(e) has been ordinarily resident in the territory comprising the United Kingdom and the relevant territory throughout the three-year period preceding the first day of the HE short course, and
(f) in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom and the relevant territory immediately before the period of ordinary residence referred to in paragraph (e).
(2) For the purposes of this paragraph, a person has exercised a right of residence if that person who—
(a) is—
(i) a United Kingdom national,
(ii) 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
(iii) a person who had the right of permanent residence, and
(b) either—
(i) 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
(ii) in the case of a person who is settled in the United Kingdom and had the right of permanent residence, has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.
(3) For the purposes of sub-paragraph (2), 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.

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Source: https://www.legislation.gov.uk/uksi/2022/349/schedule/1/paragraph/15 (the official version)
Page: https://openlegislation.uk/higher-education-short-course-loans-regulations-2022/schedule-1/paragraph-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.