xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULE 1E+WELIGIBLE STUDENTS

PART 2E+WCategories

Persons who are settled in the United KingdomE+W

2.—(1) A person who on the first day of the first academic year of the course—

[F1(a)is settled in the United Kingdom and does not fall within paragraph 3;]

(b)is ordinarily resident in Wales;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(d)subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).

Textual Amendments

[F22A.—(1) A person—E+W

(a)who is settled in the United Kingdom [F3on the day on which the first term of the first academic year actually begins] and does not fall within paragraph 3;

(b)who is attending or undertaking a designated course in Wales;

(c)who has been ordinarily resident in the territory comprising the United Kingdom, Islands and the Republic of Ireland throughout the three-year period preceding the first day of the first academic year of the course [F4and who has been ordinarily resident in the Republic of Ireland for at least part of that period];

(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Islands and the Republic of Ireland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education; [F5and]

[F6(e)who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.]

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Islands and the Republic of Ireland in accordance with paragraph 1(4).]

Textual Amendments

3.—[F7(1)]  A person who—E+W

[F8(a)meets one of the following conditions—

(i)the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

(ii)the person—

(aa)is within the personal scope of the citizens’ rights provisions;

(bb)is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; and

(cc)would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave;

F9(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)the person—

(aa)is within the personal scope of the citizens’ rights provisions;

(bb)is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations [F10or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)]; and

(cc)has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period [F11or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)] ; or

(v)the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;]

(b)is ordinarily resident in Wales on the first day of the first academic year of the course;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(d)in a case where the person's ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F12the United Kingdom, F13...] the European Economic Area [F14, Switzerland and the overseas territories] immediately before the period of ordinary residence referred to in sub-paragraph (c).

[F15(2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules.]

[F16(3) For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—

(a)Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;

(b)Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c)Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.]

Textual Amendments

Refugees and their family membersE+W

4.—(1) A person who—

(a)is a refugee;

(b)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was recognised as a refugee; and

(c)is ordinarily resident in Wales on the first day of the first academic year of the course.

(2) A person who—

(a)is the spouse or civil partner of a refugee;

(b)was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom; and

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) A person who—

(a)is the child of a refugee or the child of the spouse or civil partner of a refugee;

(b)on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;

(c)was under 18 on the date on which the refugee made the application for asylum;

(d)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom; and

(e)is ordinarily resident in Wales on the first day of the first academic year of the course.

Protected persons and their family membersE+W

[F174A.—(1) A person—

(a)granted leave to enter or remain as a protected person;

(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave; and

(c)who is ordinarily resident in Wales on the first day of the first academic year of the course.

(2) A person who—

(a)is a protected spouse or civil partner;

(b)on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person (by virtue of humanitarian protection under paragraph 339C of the immigration rules or as a stateless person under the immigration rules);

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom;

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) A person who—

(a)is a protected child;

(b)on the leave application date was—

(i)under 18 years old; and

(ii)was the child of a person granted leave to enter or remain as a protected person or, as the case may be, the child of a person who was the spouse or civil partner of the person granted leave to enter or remain as a protected person on that date (by virtue of humanitarian protection under paragraph 339C of the immigration rules, stateless leave under the immigration rules or section 67 of the Immigration Act 2016 and the immigration rules, as the case may be);

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom;

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(4) In this paragraph—

(a)“leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to enter or remain as a protected person;

(b)“leave to enter or remain as a protected person” means—

(i)a person granted leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules;

(ii)a person granted stateless leave;

(iii)a person with section 67 leave to remain; F18...

(iv)a person with Calais leave; [F19or]

[F20(v)a person with leave to enter or remain as a relevant Afghan citizen;]

(c)“protected child” means—

(i)a child of—

(aa)a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules;

(ab)a person granted stateless leave; F21...

(ac)a person with section 67 leave to remain; [F22or

(ad)a person with leave to enter or remain as a relevant Afghan citizen;]

(ii)a child of the spouse or civil partner of—

(aa)a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules; F23...

(ab)a person granted stateless leave; [F24or

(ac)a person with leave to enter or remain as a relevant Afghan citizen;]

(d)“protected spouse or civil partner” means a spouse or civil partner of—

(i)a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules; F25...

(ii)a person granted stateless leave [F26; or]

[F27(iii)a person with leave to enter or remain as a relevant Afghan citizen.]]

Textual Amendments

[F28Persons granted leave to remain as a protected partner and their childrenE+W

4B.—(1) A person—

(a)granted leave to remain as a protected partner;

(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave; and

(c)who is ordinarily resident in Wales on the first day of the first academic year of the course.

(2) A person who—

(a)is the child of a person granted leave to remain as a protected partner;

(b)on the leave application date was under 18 years old and was the child of a person granted leave to remain as a protected partner;

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to remain in the United Kingdom;

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to remain as a protected partner.]

Textual Amendments

[F29Protected Ukrainian nationalsE+W

4C.—[F30(1)] A person who—

(a)is a protected Ukrainian national;

(b)has been ordinarily resident in the United Kingdom and Islands throughout the period since becoming a protected Ukrainian national; and

(c)is ordinarily resident in Wales on the first day of the first academic year of the course.]

[F31(2) A person who—

(a)is the spouse or civil partner of a protected Ukrainian national;

(b)on the leave application date was the spouse or civil partner of that person;

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to remain in the United Kingdom; and

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) A person who

(a)is—

(i)the child of a protected Ukrainian national; or

(ii)the child of the spouse or civil partner of a protected Ukrainian national;

(b)on the leave application date was—

(i)under 18 years old; and

(ii)the child of a protected Ukrainian national or, as the case may be, the child of a person who was the spouse or civil partner of a protected Ukrainian national;

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to remain in the United Kingdom; and

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(4) In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to enter or remain as a protected Ukrainian national.]

Textual Amendments

Persons granted stateless leave and their family membersE+W

F325.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Persons with leave to enter or remain and their family membersE+W

6.—(1) A person—

(a)with leave to enter or remain;

(b)who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2) A person—

(a)who is the spouse or civil partner of a person with leave to enter or remain;

[F33(b)who was the spouse or civil partner of the person with leave to enter or remain on the leave application date;]

(c)who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(d)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3) A person—

(a)who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;

[F34(b)who, on the leave application date, was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;]

[F35(c)who was under 18 on the leave application date;]

(d)who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(e)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

[F36(4) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.]

Textual Amendments

Persons with section 67 leave to remainE+W

F376A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Workers, employed persons, self-employed persons and their family membersE+W

7.—(1) A person who—

(a)is—

(i)an EEA migrant worker or an EEA self-employed person;

(ii)a Swiss employed person or a Swiss self-employed person;

(iii)a family member of a person mentioned in sub-paragraph (i) or (ii);

(iv)an EEA frontier worker or an EEA frontier self-employed person;

(v)a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)a family member of a person mentioned in sub-paragraph (iv) or (v);

(b)subject to sub-paragraph (2), is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c)has been ordinarily resident in the territory comprising [F38the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support under these Regulations falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

Textual Amendments

[F397A.—(1) A person with protected rights or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who—E+W

(a)is—

(i)an EEA migrant worker or an EEA self-employed person;

(ii)a Swiss employed person or a Swiss self-employed person;

(iii)a family member of a person mentioned in sub-paragraph (i) or (ii);

(iv)an EEA frontier worker or an EEA frontier self-employed person;

(v)a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)a family member of a person mentioned in sub-paragraph (iv) or (v);

(b)subject to sub-paragraph (2), is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c)has been ordinarily resident in the territory comprising the United Kingdom, F40... the European Economic Area [F41, Switzerland and the overseas territories] throughout the three-year period preceding the first day of the first academic year of the course.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

(3) In this paragraph, a description of a person in sub-paragraph (1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.]

Textual Amendments

8.—[F42(1)] A person who—E+W

(a)is ordinarily resident in Wales on the first day of the first academic year of the course;

(b)has been ordinarily resident in the territory comprising [F43the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(c)is entitled to support by virtue of [F44Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day;]

[F45(d)for the purposes of paragraph (c), in Article 10 of the Workers Regulation the reference to “another Member State” is to be read as including the United Kingdom and the references to “that State” construed accordingly.]

[F46(2) Any description of person who would have been eligible under this paragraph immediately before [F47IP] completion day is to be eligible on and after [F47IP] completion day.]

Textual Amendments

[F488A.—(1) A person with protected rights who—E+W

(a)is ordinarily resident in Wales on the first day of the first academic year of the course;

(b)has been ordinarily resident in the territory comprising the United Kingdom, F49... the European Economic Area [F50, Switzerland and the overseas territories] throughout the three-year period preceding the first day of the first academic year of the course; and

(c)is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement of workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day.

(2) For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—

(a)the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland; and

(b)the reference to “another Member State” is to be read as including the United Kingdom and the references to “that State” construed accordingly.]

Textual Amendments

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereE+W

9.—(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 [F51before [F52IP] completion day];

(c)is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

(d)has been ordinarily resident in the territory comprising [F53the United Kingdom, Gibraltar,] 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)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 [F54the United Kingdom, Gibraltar,] the European Economic Area 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 that person is a United Kingdom national, 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 a person who [F55had the right] of permanent residence who in each case 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 or, in the case of a person who is settled in the United Kingdom and [F55had the right] of permanent residence, if that person [F56has gone] to the state within the territory comprising the European Economic Area and Switzerland of which that person is a national or of which the person in relation to whom that person is a family member is a national.

[F57(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.]

Textual Amendments

[F589A.—(1) A person who—E+W

(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 before IP completion day;

(c)was ordinarily resident immediately before IP completion day—

(i)in the territory comprising Gibraltar, the European Economic Area and Switzerland; or

(ii)in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising Gibraltar, the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

(d)is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

(e)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(f)in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (e).

(2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, 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 a person who had the right of permanent residence who in each case 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 or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.]

Textual Amendments

EU nationals [F59etc.] E+W

10.—(1) A person—

[F60(a)who, on the first day of the first academic year of the course, is—

(i)an EU national;

(ii)a United Kingdom national who has exercised a right of residence; or

(iii)the family member of a person in sub-paragraph (i) or (ii);]

(b)who is attending or undertaking a designated course in Wales;

(c)who has been ordinarily resident in the territory comprising [F61the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising [F62the United Kingdom, Gibraltar,] the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising [F63the United Kingdom, Gibraltar,] the European Economic Area and Switzerland in accordance with paragraph 1(4).

(3) Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national on the first day of the first academic year of the course is treated as being satisfied.

(4) For the purposes of this paragraph, a United Kingdom national has exercised a right of residence if that person [F64has resided in Gibraltar or] 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.

[F65(5) Any description of person who would have been eligible under this paragraph immediately before [F66IP] completion day is to be eligible on and after [F66IP] completion day.]

Textual Amendments

[F6710A.—(1) A person with protected rights—E+W

(a)who is–

(i)an EU national on the first day of the first academic year of the course;

(ii)a family member of a person mentioned in sub-paragraph (i); or

(iii)a family member of a relevant person of Northern Ireland;

(b)who is attending or undertaking a designated course in Wales;

(c)who has been ordinarily resident in the territory comprising the United Kingdom, F68... the European Economic Area [F69, Switzerland and the overseas territories] throughout the three-year period preceding the first day of the first academic year of the course; and

(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, F70... the European Economic Area [F71, Switzerland and the overseas territories] has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, F72... the European Economic Area [F73, Switzerland and the overseas territories] in accordance with paragraph 1(4).

Textual Amendments

United Kingdom nationalsE+W

10B.—(1) A person—

(a)who is—

(i)a United Kingdom national on the first day of the first academic year of the course; or

(ii)a family member of a person mentioned in sub-paragraph (i);

(b)who was ordinarily resident immediately before IP completion day—

(i)in the territory comprising the European Economic Area and Switzerland; or

(ii)in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

(c)who is attending or undertaking a designated course in Wales;

(d)who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, 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 territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (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 United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

(3) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).

Textual Amendments

[F7410BA.—(1) A person—

(a)who is an Irish citizen on the first day of the first academic year;

(b)who was ordinarily resident immediately before IP completion day—

(i)in the territory comprising the European Economic Area and Switzerland; or

(ii)in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

(c)who is undertaking a designated course in Wales;

(d)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, 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 territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (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 United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).]

Textual Amendments

[F7510BB.—(1) A person—

(a)who is settled in the United Kingdom on the first day of the first academic year of the course;

(b)who is attending or undertaking a designated course in Wales;

(c)who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the first academic year of the course;

(d)who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course;

(e)who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course; and

(f)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 1(4).]

Textual Amendments

10C.—(1) A person—

(a)who is a family member of a person who is [F76settled in the United Kingdom] on the first day of the first academic year of the course;

(b)who is attending or undertaking a designated course in Wales;

(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course;

(d)subject to sub-paragraph (2), whose ordinary residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education [F77and]

[F78(e)who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course. ]

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).

Textual Amendments

Persons resident in GibraltarE+W

[F7910D.—(1) A person—

(a)who is—

(i)a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar; or

(ii)a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(b)who is attending or undertaking a designated course in Wales;

(c)who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d)subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) A person—

(a)who is—

(i)an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(ii)a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b)who is attending or undertaking a designated course in Wales;

(c)who has been ordinarily resident in the territory comprising the United Kingdom, 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; and

(d)subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(4).]]

Textual Amendments

[F80EU nationals ordinarily resident in the United Kingdom and Islands]E+W

11.—(1) A person who—

(a)is an EU national F81... on the first day of the first academic year of the course;

(b)is ordinarily resident in Wales on the first day of the first academic year of the course;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and

(d)in a case where the person's ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F82the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national F83... on the first day of the first academic year of the course is treated as being satisfied.

Textual Amendments

[F8411A.  A person with protected rights who—E+W

(a)is an EU national on the first day of the first academic year of the course;

(b)is ordinarily resident in Wales on the first day of the first academic year of the course;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and

(d)in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, F85... the European Economic Area [F86, Switzerland and the overseas territories] immediately prior to the period of ordinary residence referred to in sub-paragraph (c).]

Textual Amendments

Children of Swiss nationalsE+W

[F8712.—(1) A person who—

(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;

(b)is ordinarily resident in Wales on the first day of the first academic year of the course;

(c)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course;

(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Any description of person who would have been eligible under this paragraph immediately before [F88IP] completion day is to be eligible on and after [F88IP] completion day.]

Textual Amendments

[F8912A.  A person with protected rights who—

(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement;

(b)is ordinarily resident in Wales on the first day of the first academic year of the course;

(c)has been ordinarily resident in the territory comprising the United Kingdom, F90... the European Economic Area [F91, Switzerland and the overseas territories] throughout the three-year period preceding the first day of the first academic year of the course; and

(d)in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, F92... the European Economic Area [F93, Switzerland and the overseas territories] immediately prior to the period of ordinary residence referred to in sub-paragraph (c).]

Textual Amendments

Children of Turkish workersE+W

13.  A person who—

(a)is the child of a Turkish worker;

(b)is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c)has been ordinarily resident in the territory comprising [F94the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Textual Amendments

[F9513A.  A person who—E+W

(a)is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day;

(b)immediately before IP completion day—

(i)was the child of T; and

(ii)was ordinarily resident in the United Kingdom;

(c)is ordinarily resident in Wales on the first day of the first academic year of the course; and

(d)has been ordinarily resident in the territory comprising the United Kingdom, F96... the European Economic Area, Switzerland [F97, Turkey and the overseas territories] throughout the three-year period preceding the first day of the first academic year of the course.]

Textual Amendments