# The Student Fees (Qualifying Courses and Persons) (Wales) Regulations 2011, Paragraph 8: Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

Extent: E+W

(1) A person who—
(a) is settled in the United Kingdom;
(b) left the United Kingdom and exercised a right of residence after having been settled in the United Kingdom;
(c) is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;
(d) has been ordinarily resident in the territory comprising 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
(e) in a case where the ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).
(2) For the purposes of this paragraph, a person (“A” in this sub-paragraph) has exercised a right of residence:
(a) where A is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who has a right of permanent residence, A has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom; or
(b) where A is settled in the United Kingdom and has a right of permanent residence, A goes to the state within the territory comprising the European Economic Area and Switzerland of which A is a national or of which the person in relation to whom A is a family member is a national.

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Source: https://www.legislation.gov.uk/wsi/2011/691/schedule/paragraph/8 (the official version)
Page: https://openlegislation.uk/student-fees-qualifying-courses-and-persons-wales-regulations-2011/schedule/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.