The Education (Fees and Awards) (Amendment) Regulations 1996

• “EEA migrant worker” means a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom under Council Regulation (EEC) No. 1612/68 on freedom of movement for workers within the Community, as extended by the EEA Agreement;

7

1

A person shall be an excepted student if he is—

a

an EEA migrant worker—

i

who satisfies the conditions mentioned in sub-paragraph (2), and

ii

in whose case it is not lawful to charge higher fees by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community, as extended by the EEA Agreement3; or

b

the spouse of an EEA migrant worker and he—

i

is a national of a member State of the European Economic Area,

ii

satisfies the conditions mentioned in sub-paragraph (2), and

iii

is installed in the United Kingdom with his spouse; or

c

the spouse of an EEA migrant worker and—

i

he is not a national of a member State of the European Economic Area,

ii

he has, throughout the year preceding the date referred to in regulation 6(a), been ordinarily resident in the European Economic Area, and

iii

he is installed in the United Kingdom with his spouse; or

d

the child of an EEA migrant worker and—

i

he satisfies the conditions mentioned in sub-paragraph (2), and

ii

in whose case it is not lawful to charge higher fees by virtue of Article 12 of the above mentioned Council Regulation.

2

The conditions referred to in sub-paragraph (1) are that—

a

he has, throughout the 3 year period referred to in regulation 6(a), been ordinarily resident within the European Economic Area, and

b

he has not been resident therein, during any part of that 3 year period, wholly or mainly for the purpose of receiving full-time education.

2

1

A person shall be an excepted candidate if he is—

a

an EEA migrant worker who—

i

satisfies the condition mentioned in sub-paragraph (2), and

ii

is eligible for a maintenance award by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on free movement of workers within the Community, as extended by the EEA Agreement; or

b

the spouse of an EEA migrant worker and he—

i

is a national of a member State of the European Economic Area,

ii

satisfies the conditions mentioned in sub-paragraph (2), and

iii

is installed in the United Kingdom with his spouse; or

c

the spouse of an EEA migrant worker and he—

i

is not a national of a member State of the European Economic Area,

ii

has been, throughout the year preceding the date referred to in regulation 9(a), 12 or 15, as the case may be, ordinarily resident in the European Economic Area, and

iii

is installed in the United Kingdom with his spouse; or

d

the child of an EEA migrant worker and he—

i

satisfies the conditions mentioned in sub-paragraph (2), and

ii

is eligible for a maintenance award by virtue of Article 12 of the above mentioned Council Regulation.

2

The conditions referred to in sub-paragraph (1) are that he would have a relevant connection with the European Economic Area for the purposes of Part III, Part IV or, as the case may be, Part V had any reference in regulation 9, in regulation 12, or in regulation 15 to the United Kingdom and Islands or to the United Kingdom been a reference to the European Economic Area, and had sub-paragraph (c) of regulation 15 been omitted.