Paragraph 16 EU nationals etcI1

England and Wales

(1)

A person with protected rights—

(a)

who is—

(i)

an EU national on the first day of the HE short course,

(ii)

a family member of a person mentioned in sub-paragraph (i), or

(iii)

a family member of a relevant person of Northern Ireland,

(b)

who is undertaking an HE short course in England,

(c)

who 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 HE short course, and

(d)

subject to paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purposes 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 territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with regulation 2(6).

Annotations

Commencement

I1: Sch. 1 para. 16 in force at 13.4.2022, see reg. 1(2)