EU nationals
10.—(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).