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Regulation 6
1.—(1) For the purposes of this Schedule—E+W
“Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States(1);
F1...
“EEA frontier self-employed person” (“person hunangyflogedig y ffin o’r AEE”) has the meaning given by sub-paragraph (2);
“EEA frontier worker” (“gweithiwr y ffin o’r AEE”) has the meaning given by sub-paragraph (3);
“EEA migrant worker” (“gweithiwr mudol o’r AEE”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;
“EEA national” (“gwladolyn o’r AEE”) means a national of an EEA State F2...;
“EEA self-employed person” (“person hunangyflogedig o’r AEE”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;
“employed person” (“person cyflogedig”) means an employed person within the meaning of Annex 1 to the Swiss Agreement;
“EU national” (“gwladolyn o’r UE”) means a national of a Member State of the European Union;
“European Economic Area” (“Ardal Economaidd Ewropeaidd”) means the area comprised by the EEA States;
“family member” (“aelod o deulu”), unless otherwise indicated, means—
in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person [F3, an EEA self-employed person, or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 6A(3)]—
the person’s spouse or civil partner;
direct descendants of the person or of the person’s spouse or civil partner who are;
under the age of 21; or
dependants of the person or the person’s spouse or civil partner; or
dependent direct relatives in the person’s ascending line or that of the person’s spouse or civil partner;
in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—
the person’s spouse or civil partner; or
the person’s child or the child of the person’s spouse or civil partner;
in relation to an EU national who falls within article 7(1)(c) of Directive 2004/38 [F4or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within Article 7(1)(c) of Directive 2004/38 if that person were an EU national or solely an EU national]—
the national’s spouse or civil partner; or
direct descendants of the national or of the national’s spouse or civil partner who are—
under the age of 21; or
dependants of the national or of the national’s spouse or civil partner;
in relation to an EU national who falls within article 7(1)(b) of Directive 2004/38 [F5or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within Article 7(1)(b) of Directive 2004/38 if that person were an EU national or solely an EU national]—
the national’s spouse or civil partner; or
direct descendants of the national or of the national’s spouse or civil partner who are—
under the age of 21; or
dependants of the national or of the national’s spouse or civil partner;
dependent direct relatives in the national’s ascending line or that of the national’s spouse or civil partner;
in relation to a United Kingdom national, for the purposes of [F6paragraphs 9, 9B, 9C and 9D]—
the national’s spouse or civil partner; or
direct descendants of the national or of the national’s spouse or civil partner who are—
under the age of 21; or
dependants of the national or of the national’s spouse or civil partner;
F1...
F1...
“self-employed person” (“person hunangyflogedig”) means—
in relation to an EEA national, a person who is self-employed within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or
in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;
“settled” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971(2);
“Swiss Agreement” (“Cytundeb y Swistir”) means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21 June 1999(3) and which came into force on 1 June 2002;
F1...
“Swiss employed person” (“person cyflogedig Swisaidd”) means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;
“Swiss frontier employed person” (“person cyflogedig Swisaidd y ffin”) has the meaning given in sub-paragraph (4);
“Swiss frontier self-employed person” (“person hunangyflogedig Swisaidd y ffin”) has the meaning given in sub-paragraph (5);
“Swiss self-employed person” (“person hunangyflogedig Swisaidd”) means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;
“Turkish worker” (“gweithiwr Twrcaidd”) means a Turkish national who on the relevant date—
was ordinarily resident in the United Kingdom and Islands; and
was, or had been, lawfully employed in the United Kingdom;
[F7“United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement;]
“worker” (“gweithiwr”) means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be.
(2) “EEA frontier self-employed person” (“person hunangyflogedig y ffin o’r AEE”) means an EEA national who—
(a)is a self-employed person in Wales; and
(b)resides in Switzerland or in the territory of an EEA State F8... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.
(3) “EEA frontier worker” (“gweithiwr y ffin o’r AEE”) means an EEA national who—
(a)is a worker in Wales; and
(b)resides in Switzerland or in the territory of an EEA State F9... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.
(4) “Swiss frontier employed person” (“person cyflogedig Swisaidd y ffin” ) means a Swiss national who—
(a)is an employed person in Wales; and
(b)resides in Switzerland or in the territory of an EEA State F10... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.
(5) “Swiss frontier self-employed person” (“person hunangyflogedig Swisaidd y ffin”) means a Swiss national who—
(a)is a self-employed person in Wales; and
(b)resides in Switzerland or in the territory of an EEA State F11... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.
[F12(5A) For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.]
(6) For the purposes of this Schedule, “parent” (“rhiant”) includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” (“plentyn”) is to be construed accordingly.
(7) For the purposes of this Schedule, a person (“A” in this sub-paragraph) is to be treated as ordinarily resident in Wales, the United Kingdom and Islands [F13, the territory comprising the United Kingdom, the Islands and the Republic of Ireland], the territory comprising [F14the United Kingdom, Gibraltar,] the European Economic Area and Switzerland or the territory comprising [F14the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey if A would have been so resident but for the fact that—
(a)A;
(b)A’s spouse or civil partner;
(c)A’s parent; or
(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed outside the area in question.
(8) For the purposes of sub-paragraph (7), temporary employment outside of Wales, the United Kingdom and Islands [F15, the territory comprising the United Kingdom, the Islands and the Republic of Ireland], the territory comprising [F16the United Kingdom, Gibraltar,] the European Economic Area and Switzerland or the territory comprising [F16the United Kingdom, Gibraltar,] 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;
[F17(aa)in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland 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 the territory comprising [F16the United Kingdom, Gibraltar,] 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 [F16the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey as members of such forces.
Textual Amendments
F1Words in Sch. 1 para. 1(1) omitted (31.12.2021) by virtue of The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(2)(a)(i)
F2Words in Sch. 1 para. 1(1) omitted (31.12.2020) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(2)(a)(ii)
F3Words in Sch. 1 para. 1(1) substituted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(2)(a)(ii)(aa)
F4Words in Sch. 1 para. 1(1) inserted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(2)(a)(ii)(bb)
F5Words in Sch. 1 para. 1(1) inserted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(2)(a)(ii)(cc)
F6Words in Sch. 1 para. 1(1) substituted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(2)(a)(ii)(dd)
F7Words in Sch. 1 para. 1(1) substituted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(2)(a)(iii)
F8Words in Sch. 1 para. 1(2)(b) omitted (31.12.2020) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(2)(b)(i)
F9Words in Sch. 1 para. 1(3)(b) omitted (31.12.2020) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(2)(b)(ii)
F10Words in Sch. 1 para. 1(4)(b) omitted (31.12.2020) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(2)(b)(iii)
F11Words in Sch. 1 para. 1(5)(b) omitted (31.12.2020) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(2)(b)(iv)
F12Sch. 1 para. 1(5A) inserted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(2)(b)
F13Words in Sch. 1 para. 1(7) inserted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(2)(c)
F14Words in Sch. 1 para. 1(7) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(2)(c)
F15Words in Sch. 1 para. 1(8) inserted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(2)(d)(i)
F16Words in Sch. 1 para. 1(8) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(2)(c)
F17Sch. 1 para. 1(8)(aa) inserted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(2)(d)(ii)
Commencement Information
I1Sch. 1 para. 1 in force at 5.12.2014, see reg. 1
2.—(1) A person who—
[F18(a)is settled in the United Kingdom on the relevant date and does not fall within paragraph 3;]
(b)is ordinarily resident in Wales on the relevant date;
(c)had been ordinarily resident throughout the three-year period preceding the relevant date in the United Kingdom and Islands; and
(d)subject to sub-paragraph (2), had not during any part of the period referred to in paragraph (c) been ordinarily resident in the United Kingdom and Islands wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(7).
Textual Amendments
F18Sch. 1 para. 2(1)(a) substituted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(3)
Commencement Information
I2Sch. 1 para. 2 in force at 5.12.2014, see reg. 1
[F192A.—(1) A person—
(a)who is settled in the United Kingdom on the relevant date and does not fall within paragraph 3;
(b)who is ordinarily resident in Wales on the relevant date;
(c)who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the Republic of Ireland and throughout the three-year period preceding the first day of the first academic year of the course; and
(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the Republic of Ireland 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 (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the Republic of Ireland in accordance with paragraph 1(7).]
Textual Amendments
3.—[F20(1)] A person—
[F21(a)meets one of the following conditions on the relevant date—
(i)the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;
(ii)the person—
(aa)is within the personal scope of the citizens’ rights provisions;
(bb)is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; and
(cc)would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave;
(iii)the person—
(aa)is within the personal scope of the citizens’ rights provisions;
(bb)is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations; and
(iv)the person—
(aa)is within the personal scope of the citizens’ rights provisions;
(bb)is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3); and
(cc)has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3); or
(v)the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;]
(b)who is ordinarily resident in Wales on the relevant date;
(c)who had been ordinarily resident in the United Kingdom throughout the three-year period preceding the relevant date; and
(d)who, in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F22the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in sub-paragraph (c).
[F23(2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for in definite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules (as defined in section 33(1) of the Immigration Act 1971).
(3) For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—
(a)Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;
(b)Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
(c)Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.]
Textual Amendments
F20 Sch. 1 para. 3 renumbered as Sch. 1 para. 3(1) (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(5)(a)
F21Sch. 1 para. 3(1)(a) substituted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(5)(b)
F22Words in Sch. 1 para. 3(d) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(a)(ii)
F23Sch. 1 para. 3(2)(3) inserted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(5)(c)
Commencement Information
I3Sch. 1 para. 3 in force at 5.12.2014, see reg. 1
4.—(1) A person—
(a)who is a refugee;
(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being recognised as a refugee; and
(c)who is ordinarily resident in Wales on the relevant date.
(2) A person—
(a)who is the spouse or civil partner of a refugee;
(b)who was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;
(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom; and
(d)who is ordinarily resident in Wales on the relevant date.
(3) A person—
(a)who is the child of a refugee or the child of the spouse or civil partner of a refugee;
(b)who, on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;
(c)who was under 18 on the date on which the refugee made the application for asylum;
(d)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom; and
(e)who is ordinarily resident in Wales on the relevant date.
Commencement Information
I4Sch. 1 para. 4 in force at 5.12.2014, see reg. 1
4ZA.—(1) A person—
(a)granted leave to enter or remain as a protected person;
(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave; and
(c)who is ordinarily resident in Wales on the first day of the first academic year of the course.
(2) A person who—
(a)is a protected spouse or civil partner;
(b)on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person (by virtue of humanitarian protection under paragraph 339C of the immigration rules or as a stateless person under the immigration rules);
(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom;
(d)is ordinarily resident in Wales on the first day of the first academic year of the course.
(3) A person who—
(a)is a protected child;
(b)on the leave application date was—
(i)under 18 years old; and
(ii)the child of a person granted leave to enter or remain as a protected person or, as the case may be, the child of a person who was the spouse or civil partner of the person granted leave to enter or remain as a protected person on that date (by virtue of humanitarian protection under paragraph 339C of the immigration rules, stateless leave under the immigration rules or section 67 of the Immigration Act 2016 and the immigration rules, as the case may be);
(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom;
(d)is ordinarily resident in Wales on the first day of the first academic year of the course.
(4) In this paragraph—
(a)“leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to enter or remain as a protected person;
(b)“person granted leave to enter or remain as a protected person” means—
(i)a person granted leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules;
(ii)a person granted stateless leave;
(iii)a person with section 67 leave to remain; or
(iv)a person with Calais leave;
(c)“protected child” means—
(i)a child of—
(aa)a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules;
(ab)a person granted stateless leave; or
(ac)a person with section 67 leave to remain;
(ii)a child of the spouse or civil partner of—
(aa)a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules; or
(ab)a person granted stateless leave;
(d)“protected spouse or civil partner” means a spouse or civil partner of—
(i)a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules; or
(ii)a person granted stateless leave.]
Textual Amendments
4ZB.—(1) A person—
(a)granted leave to remain as a protected partner;
(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave; and
(c)who is ordinarily resident in Wales on the first day of the first academic year of the course.
(2) A person who—
(a)is the child of a person granted leave to remain as a protected partner;
(b)on the leave application date was under 18 years old and was the child of a person granted leave to remain as a protected partner;
(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to remain in the United Kingdom;
(d)is ordinarily resident in Wales on the first day of the first academic year of the course.
(3) In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to remain as a protected partner.]
Textual Amendments
F264A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26Sch. 1 para. 4A omitted (31.12.2021) by virtue of The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(8)(a)
5.—(1) A person—E+W
(a)with leave to enter or remain;
(b)who is ordinarily resident in Wales on the relevant date; and
(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.
(2) A person—
(a)who is the spouse or civil partner of a person with leave to enter or remain;
[F27(b)who was the spouse or civil partner of the person with leave to enter or remain on the leave application date;]
(c)who is ordinarily resident in Wales on the relevant date; and
(d)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.
(3) A person—
(a)who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;
[F28(b)who, on the leave application date, was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;]
[F29(c)who was under 18 on the leave application date;]
(d)who is ordinarily resident in Wales on the relevant date; and
(e)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.
[F30(4) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.]
Textual Amendments
F27Sch. 1 para. 5(2)(b) substituted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 45(b)(i)
F28Sch. 1 para. 5(3)(b) substituted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 45(b)(ii)
F29Sch. 1 para. 5(3)(c) substituted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 45(b)(iii)
F30Sch. 1 para. 5(4) inserted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 45(b)(iv)
Commencement Information
I5Sch. 1 para. 5 in force at 5.12.2014, see reg. 1
F315A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F31Sch. 1 para. 5A omitted (31.12.2021) by virtue of The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(8)(b)
6.—(1) A person who—
(a)on the relevant date, 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 sub-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 in sub-paragraph (iv) or (v);
(b)subject to sub-paragraph (2), is ordinarily resident in Wales on the relevant date;
(c)has been ordinarily resident in the territory comprising [F32the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the relevant date.
(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).
Textual Amendments
F32Words in Sch. 1 para. 6(1)(c) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(b)
Commencement Information
I6Sch. 1 para. 6 in force at 5.12.2014, see reg. 1
[F336A.—(1) A person with protected rights, or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who—
(a)on the relevant date, 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 sub-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 sub-paragraph (iv) or (v);
(b)subject to sub-paragraph (2), is ordinarily resident in Wales on the relevant date; and
(c)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date.
(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).
(3) In this paragraph, a description of a person in sub-paragraph (1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.]
Textual Amendments
7.—[F34(1)] A person who—
(a)is ordinarily resident in Wales on the relevant date;
(b)has been ordinarily resident in the territory comprising [F35the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and
(c)is entitled to support by virtue of Article 10 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on the freedom of movement for workers within the Union(4), as extended by the EEA Agreement.
[F36(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.]
Textual Amendments
F34 Sch. 1 para. 7 renumbered as Sch. 1 para. 7(1) (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(c)(i)
F35Words in Sch. 1 para. 7(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), 7(3)(c)(ii)
F36Sch. 1 para. 7(2) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(c)(iii)
Commencement Information
I7Sch. 1 para. 7 in force at 5.12.2014, see reg. 1
8.—(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 [F37before implementation period completion day];
(c)is ordinarily resident in the United Kingdom on the relevant date;
(d)has been ordinarily resident in the territory comprising [F38the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and
(e)in a case where the person’s ordinary residence referred to in paragraph (b) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising [F39the 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 that person is a United Kingdom national, 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 a person who [F40had the 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, in the case of a person who is settled in the United Kingdom and [F41had the right] of permanent residence, if that person [F42has gone] to the state within the territory comprising the European Economic Area and Switzerland of which that person is a national or of which the person in relation to whom that person is a family member is a national.
[F43(3) 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
F37Words in Sch. 1 para. 8(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), 7(3)(d)(i)
F38Words in Sch. 1 para. 8(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), 7(3)(d)(ii)
F39Words in Sch. 1 para. 8(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), 7(3)(d)(ii)
F40Words in Sch. 1 para. 8(2) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(d)(iii)(aa)
F41Words in Sch. 1 para. 8(2) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(d)(iii)(bb)
F42Words in Sch. 1 para. 8(2) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(d)(iii)(cc)
F43Sch. 1 para. 8(3) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(d)(iv)
Commencement Information
I8Sch. 1 para. 8 in force at 5.12.2014, see reg. 1
[F448A.—(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 before IP completion day;
(c)was ordinarily resident immediately before IP completion day—
(i)in the territory comprising Gibraltar, the European Economic Area and Switzerland; or
(ii)in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising Gibraltar, the European Economic Area and Switzerland and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the relevant date;
(d)is ordinarily resident in Wales on the relevant date;
(e)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and
(f)in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purposes 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 (e).
(2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, 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 a person who had the 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, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.
(3) For the purposes of sub-paragraph (2), 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
9.—(1) A person who—
[F46(a)on the relevant date is—
(i)an EU national;
(ii)a United Kingdom national who has exercised a right of residence; or
(iii)the family member of a person in sub-paragraph (i) or (ii);]
(b)is ordinarily resident in Wales on the relevant date;
(c)has been ordinarily resident in the territory comprising [F47the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and
(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising [F48the United Kingdom, Gibraltar,] the European Economic Area and Switzerland 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 (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising [F49the United Kingdom, Gibraltar,] the European Economic Area and Switzerland in accordance with paragraph 1(7).
(3) Where a state accedes to the European Union after the relevant date and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national on the relevant date is treated as being satisfied.
(4) For the purposes of this paragraph, a United Kingdom national has exercised a right of residence if that person [F50resided in Gibraltar or] has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or the Swiss Agreement in a state other than the United Kingdom.
[F51(5) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.]
Textual Amendments
F45Word in Sch. 1 para. 9 heading inserted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(11)
F46Sch. 1 para. 9(1)(a) substituted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(e)(i)
F47Words in Sch. 1 para. 9(1)(c) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(e)(ii)
F48Words in Sch. 1 para. 9(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), 7(3)(e)(ii)
F49Words in Sch. 1 para. 9(2) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(e)(ii)
F50Words in Sch. 1 para. 9(4) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(e)(iii)
F51Sch. 1 para. 9(5) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(e)(iv)
Commencement Information
I9Sch. 1 para. 9 in force at 5.12.2014, see reg. 1
[F529A.—(1) A person with protected rights—E+W
(a)who on the relevant date is—
(i)an EU national;
(ii)a family member of a person mentioned in sub-paragraph (i); or
(iii)a family member of a relevant person of Northern Ireland;
(b)who is ordinarily resident in Wales on the relevant date;
(c)who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and
(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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 (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(7).
Textual Amendments
[F539B.—(1) A person—
(a)who on the relevant date is—
(i)a United Kingdom national; or
(ii)a family member of a person mentioned in sub-paragraph (i);
(b)who was ordinarily resident immediately before IP completion day—
(i)in the territory comprising the European Economic Area and Switzerland; or
(ii)in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the relevant date;
(c)who is ordinarily resident in Wales on the relevant date;
(d)who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and
(e)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(7).
(3) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).]
Textual Amendments
F52Sch. 1 paras. 9A-9D inserted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(12)
F53Sch. 1 para. 9B substituted (11.2.2022) by The Education (Eligibility for Student Support) (Amendment) (Wales) Regulations 2022 (S.I. 2022/49), regs. 2, 6 (with reg. 3)
9BA.—(1) A person—
(a)who on the relevant date is an Irish citizen;
(b)who was ordinarily resident immediately before IP completion day—
(i)in the territory comprising the European Economic Area and Switzerland, or
(ii)in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the relevant date;
(c)who is ordinarily resident in Wales on the relevant date;
(d)who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and
(e)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(7).
Textual Amendments
9C.—(1) A person—
(a)who on the relevant date is a family member of a person who is a United Kingdom national;
(b)who is ordinarily resident in Wales on the relevant date;
(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date; and
(d)subject to sub-paragraph (2), whose ordinary residence in the United Kingdom and Islands 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 (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(7).
Textual Amendments
9D.—(1) A person—
(a)who on the relevant date 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 a 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 ordinarily resident in Wales on the relevant date;
(c)who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and
(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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 (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(7).]
Textual Amendments
10. A person who—
(a)on the relevant date, is an EU national F55...;
(b)is ordinarily resident in Wales on the relevant date;
(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the relevant date; and
(d)in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F56the United Kingdom, Gibraltar] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in sub-paragraph (c).
Textual Amendments
F54Sch. 1 para. 10 heading inserted (31.12.2021) by The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1294), regs. 1(2), 11(13)
F55Words in Sch. 1 para. 10(a) omitted (31.12.2020) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(f)(i)
F56Words in Sch. 1 para. 10(d) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(f)(ii)
Commencement Information
I10Sch. 1 para. 10 in force at 5.12.2014, see reg. 1
[F5710A. A person with protected rights who—E+W
(a)on the relevant date is an EU national;
(b)is ordinarily resident in Wales on the relevant date;
(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the relevant date; and
(d)in a case where the person’s 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 prior to the period of ordinary residence referred to in paragraph (c).]
Textual Amendments
[F5811.—(1) A person who—
(a)on the relevant date, is the child of a Swiss national who is entitled to support from the Secretary of State by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;
(b)is ordinarily resident in Wales on the relevant date;
(c)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(d)in a case where the person’s 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 been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.]
Textual Amendments
[F5911A. A person with protected rights who—E+W
(a)on the relevant date is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement;
(b)is ordinarily resident in Wales on the relevant date;
(c)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and
(d)in a case where the person’s 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 prior to the period of ordinary residence referred to in paragraph (c).]
Textual Amendments
12. A person who—
(a)on the relevant date, was the child of a Turkish worker;
(b)is ordinarily resident in Wales on the relevant date; and
(c)has been ordinarily resident in the territory comprising [F60the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.
Textual Amendments
F60Words in Sch. 1 para. 12(c) inserted (31.12.2020) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1302), regs. 1(3), 7(3)(h)
Commencement Information
I11Sch. 1 para. 12 in force at 5.12.2014, see reg. 1
[F6112A. A person who—E+W
(a)is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day;
(b)immediately before IP completion day—
(i)was the child of T; and
(ii)was ordinarily resident in the United Kingdom;
(c)is ordinarily resident in Wales on the relevant date; and
(d)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.]
Textual Amendments
OJ L158, 30.04.2004, pp. 77-123.
1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).
Cm. 4904.
OJ No L141, 27.05.2011, p. 1.
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