Paragraph 19 United Kingdom nationalsI1

England and Wales

(1)

F1Subject to paragraphs (3) and (4), A person—

(a)

who is

F2(i)

settled in the United Kingdom F3..., F4or

(ii)

a person who is a British citizen and who—

(aa)

was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb)

is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;

(b)

who is undertaking an HE short course in England,

(c)

who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the HE short course,

(d)

who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the HE short course,

(e)

who did not move to England from the Islands for the purpose of undertaking the current course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course, and

(f)

subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories 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 (f) 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 Islands and the specified British overseas territories in accordance with regulation 2(6).

F5(3)

For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the HE short course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4)

Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 19(1) inserted (with application in accordance with reg. 2(6) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 60(a)(i)
F2: Words in Sch. 1 para. 19(1)(a) renumbered as Sch. 1 para. 19(1)(a)(i) (with application in accordance with reg. 2(6) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 60(a)(ii)
F3: Words in Sch. 1 para. 19(1)(a)(ii) omitted (with application in accordance with reg. 2(4)(c) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 58(2)(a)
F4: Sch. 1 para. 19(1)(a)(ii) and word inserted (with application in accordance with reg. 2(6) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 60(a)(iii)
F5: Sch. 1 para. 19(3)(4) inserted (with application in accordance with reg. 2(6) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 60(b)

Commencement

I1: Sch. 1 para. 19 in force at 13.4.2022, see reg. 1(2)