OpenLegislation

Paragraph 9 EU nationals etc.F9I1

Northern Ireland

(1)

A person who—

(a)

is either—

(i)

an F1EU national F2...on the first day of an academic year of the course; or

(ii)

a family member of a such a person;

(b)

is undertaking the course in the Northern Ireland;

F3(c)

has been ordinarily resident in the territory comprising F4the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

F5(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)

subject to sub-paragraph (2), whose ordinary residence in the relevant territory has not during any part of the period referred to in F6paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

F7(1A)

Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a)

is—

(i)

a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or

(ii)

an EU national; and

(b)

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 first academic year of the course.

(2)

Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the relevant territory in accordance with paragraph 1(3).

F8(3)

Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.

Annotations

Textual amendments

F1

Word in Sch. 1 para. 9(1)(a)(i) substituted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 16(10)

F2

Words in Sch. para. 9(1)(a)(i) omitted (31.12.2020) by virtue of The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(f)(i)

F3

Sch. para. 9(1)(c) substituted (28.9.2007) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/375), regs. 1, 3(7)(a)

F4

Words in Sch. para. 9(1)(c) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(f)(ii)

F5

Sch. para. 9(1)(d) omitted (28.9.2007) by virtue of The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/375), regs. 1, 3(7)(b)

F6

Words in Sch. para. 9(1)(e) substituted (28.9.2007) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/375), regs. 1, 3(7)(c)

F7

Sch. para. 9(1A) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(f)(iii)

F8

Sch. para. 9(3) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(f)(iv)

F9

Words in Sch. 1 para. 9 heading substituted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 16(9)

Commencement

I1

Sch. para. 9 in operation at 1.9.2007, see reg. 1