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5. In paragraph 9 of the Schedule—
(a)in sub-paragraph (1)(c) before “has been ordinarily resident”, insert “subject to sub-paragraph (1A),”;
(b)after sub-paragraph (1), insert—
“(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of an EU national where that EU national—
(a)is—
(i)a United Kingdom national who has exercised a right to reside in the territory of another Member State under article 7(1) of Directive 2004/38; or
(ii)not a United Kingdom national; and
(b)has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.”
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