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The Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2008

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PART 2Categories

Persons who are settled in the United Kingdom

2.  A person who on the first day of the course—

(a)is settled in the United Kingdom other than by reason of having acquired the right of permanent residence; and

(b)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the course.

3.  A person who—

(a)is settled in the United Kingdom by virtue of having acquired the right of permanent residence; and

(b)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the course.

Refugees and their family members

4.—(1) A person—

(a)who is a refugee; and

(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since he was recognised as a refugee.

(2) A person—

(a)who is the spouse or civil partner of a refugee;

(b)who was the spouse or civil partner of the refugee on the date on which the refugee made his application for asylum; and

(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since he was given leave to enter or remain in the United Kingdom.

(3) A person—

(a)who is the child of a refugee or the child of the spouse or civil partner of a refugee;

(b)who, on the date on which the refugee made his application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;

(c)who was under 18 on the date on which the refugee made his application for asylum; and

(d)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since he was given leave to enter or remain in the United Kingdom.

Persons with leave to enter or remain and their family members

5.—(1) A person—

(a)with leave to enter or remain; and

(b)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the course.

(2) A person—

(a)who is the spouse or civil partner of a person with leave to enter or remain;

(b)who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made his application for asylum; and

(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the course.

(3) A person—

(a)who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;

(b)who, on the date on which the person with leave to enter or remain made his application for asylum, was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(c)who was under 18 on the date on which the person with leave to enter or remain made his application for asylum; and

(d)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the course.

Workers and their family members

6.  A person who—

(a)is—

(i)an EEA migrant worker;

(ii)a Swiss worker; or

(iii)a family member of a person mentioned in paragraph (i) or (ii); and

(b)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the course.

EC nationals

7.  A person who—

(a)is either—

(i)an EC national on the first day of the course; or

(ii)a family member of such a person;

(b)is attending a designated course in Northern Ireland; and

(c)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the course.

Children of Swiss Nationals

8.  A person who—

(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement; and

(b)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.

Children of Turkish Workers

9.  A person who—

(a)is the child of a Turkish worker; and

(b)has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the course.

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