Paragraph 16 United Kingdom nationalsI1
England and Wales
A person—
who is—
a United Kingdom national on the first day of the first course year of the course, or
a family member of a person mentioned in sub-paragraph (i),
who was ordinarily resident immediately before IP completion day—
in the territory comprising the European Economic Area and Switzerland, or
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 first course year of the course,
who is attending or undertaking a course in England,
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 first course year of the course, and
subject to sub-paragraph (2), whose ordinary residence in the territory comprising the Untied 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.
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 paragraph 1(3)(c).
Where a person (“A”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom A is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).
Annotations
Commencement
- I1
Sch. 2 para. 16 in force at 1.9.2026, see reg. 1(1)(b)