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 [F2before [F3IP] completion day],
(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 [F4the United Kingdom, Gibraltar,] 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 [F5the United Kingdom, Gibraltar,] 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 [F6had the 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 [F7had the right] of permanent residence, and
(b)who [F8has gone] 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.
F9(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F10(6) 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
F1Words in Sch. 2 para. 5 heading inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 135(a)
F2Words in Sch. 2 para. 5(1)(b) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 31(4)(a)
F3Word in Sch. 2 para. 5(1)(b) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 135(b)
F4Words in Sch. 2 para. 5(1)(d) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 31(4)(b)
F5Words in Sch. 2 para. 5(1)(e) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 31(4)(b)
F6Words in Sch. 2 para. 5(3)(c) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 31(4)(c)
F7Words in Sch. 2 para. 5(4)(a) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 31(4)(d)(i)
F8Words in Sch. 2 para. 5(4)(b) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 31(4)(d)(ii)
F9Sch. 2 para. 5(5) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 135(c)