The Agriculture (Student Fees) Regulations (Northern Ireland) 2023

PART 4 EU AND OTHER STATES CATEGORIES

EU nationals

22.—(1) A person who—

(a) is either—

(i) an EU national on the course start date; or

(ii) a family member of such a person;

(b) is undertaking a higher education course in Northern Ireland;

(c) 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 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—

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

(ii) an EU national; and

(b) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories 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.

(4) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.

EU nationals ordinarily resident in the United Kingdom and the Islands

23.—(1) A person who—

(a) is an EU national on the course start date;

(b) is ordinarily resident in the United Kingdom on the course start date;

(c) has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period immediately preceding the course start date; and

(d) in a case where their ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories immediately prior to the period of ordinary residence referred to in paragraph (c).

(2) Where a state accedes to the European Union after the course start date and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national on the course start date is treated as being satisfied.

Workers, employed persons, self-employed persons and their family members

24.—(1) A person who—

(a) is—

(i) an EEA migrant worker or an EEA self-employed person;

(ii) a Swiss employed person or a Swiss self-employed person;

(iii) a family member of a person mentioned in paragraph (i) or (ii);

(iv) an EEA frontier worker or an EEA frontier self-employed person;

(v) a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi) a family member of a person mentioned in paragraph (iv) and (v);

(b) subject to sub-paragraph (2), is ordinarily resident in the United Kingdom on the course start date; and

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the course start date.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person falls within paragraph (a)(iv), (v) or (vi) of that sub-paragraph.

25.—(1) A person who—

(a) is ordinarily resident in the United Kingdom on the course start date;

(b) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the course start date; and

(c) is entitled to support by virtue of Article 12 of Council Regulations (EEC) No. 1612/68 on the freedom of movement of workers, as extended by the EEA Agreement.

(2) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.

Children of Swiss nationals

26.—(1) A person who—

(a) is a child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Swiss Agreement;

(b) is ordinarily resident in the United Kingdom on the course start date;

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the course start date; and

(d) in a case where their ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.

Children of Turkish workers

27.  A person who—

(a) is the child of a Turkish worker;

(b) is ordinarily resident in the United Kingdom on the course start date; and

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland, Turkey and the overseas territories throughout the three-year period preceding the course start date.

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

28.—(1) A person who—

(a) is settled in the United Kingdom;

(b) left the United Kingdom and exercised a right of residence elsewhere before IP completion day after having been settled in the United Kingdom;

(c) is ordinarily resident in the United Kingdom on the course start date;

(d) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the course start date; and

(e) in a case where their ordinary residence referred to in paragraph (d) was—

(i) wholly or mainly for the purposes of receiving full-time education; and

(ii) ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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—

(a) they are a United Kingdom national;

(b) they are a family 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);

(c) they are a person who had a right of permanent residence who in each case 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; or

(d) in the case of a person who is settled in the United Kingdom and had a right of permanent residence, if they have gone to the state within the territory comprising the European Economic Area and Switzerland of which they are a national or of which the person in relation to whom they are a family member is a national.

(3) For the purposes of sub-paragraph (2), a person had a right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.