SCHEDULE

PART 2Qualifying Persons

EU nationals10

1

A person who—

a

is either—

i

an EU national on the first day of an academic year of the course; or

ii

a family member of such a person;

b

is undertaking the course in the United Kingdom;

c

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; and

d

whose ordinary residence in the relevant territory 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 (c) of sub-paragraph (1) does not apply to a family member of an EU national, where that national—

a

is—

i

a United Kingdom national who has exercised a right to reside in the territory of another Member State under Article 7(1) of Directive 2004/38; or

ii

not a United Kingdom national; and

b

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 academic year of the course.

3

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