2. A post 2011/12 student is an excepted student if that post 2011/12 student—
(i)the family member of a person mentioned in paragraph 1(a); or
(ii)has a right not to be charged higher relevant fees by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers(1), as extended by the EEA agreement; and
(b)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date.
OJ No L 257, 19.10.68, p.2 (OJ/SE 1968(II) p.475), amended by Council Regulation (EEC) No. 2434/92 (O.J. No. L 245, 26.8.92, p.1).