Paragraph 3 I1
A person—
who is settled in the United Kingdom and does not fall within paragraph 4,
who is attending or undertaking a course in England,
who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the Republic of Ireland throughout the three-year period preceding the first day of the first course year and who has been ordinarily resident in the Republic of Ireland for at least part of that period,
subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the Republic of Ireland 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, and
who did not move to England from the Islands for the purpose of undertaking the current course, or a course which, disregarding any intervening vacations, the person undertook immediately before the current course.
Paragraph (d) 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 Republic of Ireland in accordance with paragraph 1(3)(c).
Annotations
Commencement
- I1
Sch. 2 para. 3 in force at 1.9.2026, see reg. 1(1)(b)