Paragraph 21 Persons resident in GibraltarI1

England and Wales

(1)

A person—

(a)

who is—

(i)

a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar; or

(ii)

a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar,

(b)

who is undertaking an HE short course in England,

(c)

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 of the HE short course, and

(d)

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 (c) been wholly or mainly for the purpose of receiving full-time education.

(2)

Paragraph (d) of sub-paragraph (1) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of that sub-paragraph in accordance with regulation 2(6).

(3)

A person—

(a)

who is—

(i)

an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement, or

(ii)

a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement,

(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 sub-paragraph (4), 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 purpose of receiving full-time education.

(4)

Paragraph (d) of sub-paragraph (3) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of that sub-paragraph in accordance with regulation 2(6).

Annotations

Commencement

I1: Sch. 1 para. 21 in force at 13.4.2022, see reg. 1(2)