This section has no associated Executive Note
5. A person shall be an excepted candidate if that person fails to satisfy the criterion specified in paragraph 3(3)(a) by reason only that–
(a)that person, or their spouse or civil partner, or either of their parents or, in the case of a dependant direct relative in the ascending line, the child upon whom that person was dependent or that child’s spouse or civil partner, was temporarily employed outside the European Economic Area or Switzerland, or
(b)that person, or their spouse or civil partner, or either of their parents, or, in the case of a dependant relative in the ascending line, their child or child’s spouse or civil partner, was temporarily receiving full-time education outside the European Economic Area or Switzerland.