The Education (Student Fees, Awards and Support) (Amendment) Regulations 2007

PART 2 AMENDMENTS TO THE 1997 REGULATIONS

Amendment of regulation 2 of the 1997 Regulations

9.  In regulation 2 of the 1997 Regulations—

(a) after the definition of “Swiss self-employed person” in paragraph (1A), insert—

““Turkish worker” means a Turkish national who—

(a)

is ordinarily resident in the United Kingdom; and

(b)

is, or has been, lawfully employed in the United Kingdom;”;

(b) for paragraph (4B), substitute—

“(4B) A person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—

(i) he;

(ii) his spouse or civil partner;

(iii) his parent; or

(iv) in the case of a dependent direct relative in the ascending line, his child or his child’s spouse or civil partner,

is or was temporarily employed outside the area in question.

(4C) For the purposes of paragraph (4B), temporary employment outside England, England and Wales, Great Britain, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and

(c) in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.”;

(c) for paragraph (5B), substitute—

“(5B) For the purposes of regulations 6, 6A, 6B and 7 a person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—

(a) he;

(b) his spouse or civil partner;

(c) his parent; or

(d) in the case of a dependent direct relative in the ascending line, his child or his child’s spouse or civil partner,

was temporarily receiving full-time education outside the area in question.”.

Amendment of the Schedule to the 1997 Regulations

10.  After paragraph 6(10) of the Schedule to the 1997 Regulations, insert—

“(11) A person who—

(a) is the child of a Turkish worker;

(b) is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.”.