The Education (Fees and Awards) (Scotland) Regulations 2007

Relevant connection with Scotland

9.  For the purposes of this Part a candidate for an award has a relevant connection with Scotland if–

(a) that student has been ordinarily resident there throughout the 3 year period immediately preceding the date of their application for an award;

(b) that student’s residence there during any part of that 3 year period has not been wholly or mainly for the purpose of receiving full-time education unless the person is settled as referred to in paragraph (c) as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38 and that person was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the start of that period of residence; and

(c) at the date referred to in paragraph (a) that student is settled in the United Kingdom within the meaning of the Immigration Act 1971 and, if not a British Citizen, enjoys in the United Kingdom the status of a Commonwealth Citizen.