Paragraph 18 United Kingdom nationalsI1

England and Wales

(1)

A person—

(a)

who is an Irish citizen on the first day of the HE short course,

(b)

who was ordinarily resident immediately before IP completion day—

(i)

in the territory comprising the European Economic Area and Switzerland, or

(ii)

in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the HE short course,

(c)

who is undertaking an HE short course in England,

(d)

who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day HE short course, and

(e)

subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2)

Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with regulation 2(6).

Annotations

Commencement

I1: Sch. 1 para. 18 in force at 13.4.2022, see reg. 1(2)