9.—(1) A person who —
(a)is either —
(i)an EC national on the first day of the first 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)in the case of a person falling within sub-paragraph (1)(a)(i), 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;
(d)in the case of a person falling within sub-paragraph (1)(a)(ii), 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; and
(e)subject to sub-paragraph (2), whose ordinary residence in the relevant territory has not during any part of the period referred to in paragraphs (c) or (d) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the relevant territory in accordance with regulation 2(4).
Commencement Information
I1Sch. para. 9 in force at 31.8.2007, see reg. 1(2)