Category 5 – Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
5.—(1) A person who—
(a)is settled in the United Kingdom,
(b)was ordinarily resident in Wales and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence,
(c)is ordinarily resident in the United Kingdom on the day on which the course begins,
(d)has been ordinarily resident in the territory comprising the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and
(e)in a case where the person’s ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full time education, was ordinarily resident in the territory comprising the EEA and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).
(2) For the purposes of this paragraph, a person has exercised a right of residence if sub-paragraph (3) or (4) applies to the person.
(3) This sub-paragraph applies to a person who is—
(a)a United Kingdom national,
(b)a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement), or
(c)a person who has a right of permanent residence,
who has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom.
(4) This paragraph applies to a person (“P”)—
(a)who is settled in the United Kingdom and has a right of permanent residence, and
(b)who goes to the state within the territory comprising the EEA and Switzerland of which P is a national or of which the person in relation to whom P is a family member is a national.
(5) For the purposes of sub-paragraph (4), P is a family member of another person (“Q”) if P—
(a)is Q’s spouse or civil partner,
(b)is a direct descendant of Q or of Q’s spouse or civil partner and P—
(i)is under the age of 21, or
(ii)is 21 or over and a dependant of Q or of Q’s spouse or civil partner, or
(c)where Q is an EU national who falls within Article 7(1)(b) of Directive 2004/38, is a dependent direct relative in Q’s ascending line or that of Q’s spouse or civil partner.