Paragraph 9 EU nationalsI1

England and Wales

(1)

A person who—

(a)

is either—

(i)

an EU national 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 United Kingdom;

(c)

F1subject to sub-paragraph (1A), 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

(d)

subject to sub-paragraph (2), whose ordinary residence in the relevant territory 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.

F2(1A)

Paragraph (c) of sub-paragraph (1) does not apply to a family member of an EU national where that EU national—

(a)

is—

(i)

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

(ii)

not a United Kingdom national; and

(b)

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.

(2)

Paragraph (d) 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).

Annotations

Textual amendments

F1: Words in Sch. para. 9(1)(c) inserted (1.9.2013) by The Education (Student Fees, Awards, Qualifying Courses and Persons) (Wales) Regulations 2013 (S.I. 2013/1792), art. 1(2), reg. 8(a) (with reg. 1(3))
F2: Sch. para. 9(1A) inserted (1.9.2013) by The Education (Student Fees, Awards, Qualifying Courses and Persons) (Wales) Regulations 2013 (S.I. 2013/1792), art. 1(2), reg. 8(b) (with reg. 1(3))

Commencement

I1: Sch. para. 9 in force at 31.3.2011, see reg. 1(1)