# The Higher Education Short Course Loans Regulations 2022, Paragraph 5: Persons who are settled in the United Kingdom

Extent: E+W

(1) A person who—
(a) meets one of the following conditions—
(i) the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;
(ii) the person—
(aa) is within the personal scope of the citizens’ rights provisions,
(bb) is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom, and
(cc) would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave;
(iii) the person—
(aa) is within the personal scope of the citizens’ rights provisions,
(bb) is an applicant for the purpose of regulation 4 of the Citizens’ Rights Regulations, or otherwise has rights deemed to apply by virtue of any of the provisions specified in sub-paragraph (3), and
(cc) has, or is treated as having a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the Citizens’ Rights Regulations in relation to that person during the relevant period or otherwise has a deemed right of permanent residence by virtue of any of the provisions specified in sub-paragraph (3);
(iv) the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules,
(b) is ordinarily resident in England on the first day of the HE short course,
(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the HE short course, and
(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories immediately before the period of ordinary residence referred to in paragraph (c).
(2) For the purposes of sub-paragraph (1)(a)(ii)(cc) “the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for indefinite leave to enter or remain in the United Kingdom in accordance with paragraph EU11 of Appendix EU to the immigration rules.
(3) The provisions mentioned in sub-paragraph (1)(a)(iii)(bb) and (cc) are—
(a) Article 18(3) of the EU withdrawal agreement (issuance of residence documents);
(b) Article 17(3) of the EEA EFTA separation agreement (issuance of residence documents);
(c) Article 16(3) of the Swiss citizens’ rights agreement (issuance of residence documents).

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Source: https://www.legislation.gov.uk/uksi/2022/349/schedule/1/paragraph/5 (the official version)
Page: https://openlegislation.uk/higher-education-short-course-loans-regulations-2022/schedule-1/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.