PART 2N.I.GENERAL CATEGORIES
Persons settled in the United Kingdom and ordinarily resident in Northern IrelandN.I.
4.—(1) A person—
(a)who on the course start date—
(i)is settled in the United Kingdom and does not fall within Part 5 (EU and Other States Special Categories) of Schedule 2;
(ii)is ordinarily resident in Northern Ireland;
(iii)has been ordinarily resident in Northern Ireland throughout the three-year period preceding the course start date; and
(b)subject to sub-paragraph (2), whose residence in Northern Ireland has not during any part of the period referred to in sub-paragraph (1)(a)(iii) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in Northern Ireland in accordance with paragraph 2.
Commencement Information
I1Sch. 2 para. 4 in operation at 1.9.2023, see reg. 1
Persons settled in the United Kingdom and ordinarily resident in Great Britain and the IslandsN.I.
5.—(1) A person—
(a)who on the course start date—
(i)is settled in the United Kingdom and does not fall within Part 5 (EU and Other States Special Categories) of Schedule 2;
(ii)is ordinarily resident in Great Britain and the Islands;
(iii)has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the course start date; and
(b)subject to sub-paragraph (2), whose residence in the United Kingdom and the Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and the Islands in accordance with paragraph 2.
Commencement Information
I2Sch. 2 para. 5 in operation at 1.9.2023, see reg. 1
Persons from Republic of IrelandN.I.
6.—(1) A person—
(a)who—
(i)is a citizen of the Republic of Ireland;
(ii)is ordinarily resident in the Republic of Ireland;
(iii)has been ordinarily resident in the Republic of Ireland throughout the three-year period preceding the course start date; and
(b)subject to sub-paragraph (2), whose residence in the Republic of Ireland has not during any part of the period referred to in paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the Republic of Ireland in accordance with paragraph 2.
Commencement Information
I3Sch. 2 para. 6 in operation at 1.9.2023, see reg. 1
Persons resident in GibraltarN.I.
7.—(1) A person—
(a)who is—
(i)a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;
(ii)a family member of a United Kingdom national, where that family member has resident status in Gibraltar granted by the Government of Gibraltar;
(iii)an EU national who has the right of residence in Gibraltar arising under the EU withdrawal agreement; or
(iv)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 undertaking a course in Northern Ireland;
(c)who, subject to sub-paragraph (2), has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories (the relevant territory) throughout the three-year period preceding the course start date; and
(d)subject to sub-paragraph (3), 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 a person who—
(a)is an EU national or a relevant person of Northern Ireland; and
(b)has been ordinarily resident in the relevant territory throughout the three-year period preceding the course start date.
(3) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the relevant territory in accordance with paragraph 2.
Commencement Information
I4Sch. 2 para. 7 in operation at 1.9.2023, see reg. 1