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9ZB.—(1) A person—
(a)who is—
(i)a United Kingdom national on the first day of an academic year of the course; 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, Switzerland and the EU overseas territories; or
(ii)in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area, Switzerland and the EU overseas territories,
and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the EU overseas territories (the relevant territory) throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;
(c)who is undertaking the course in Northern Ireland;
(d)who, subject to sub-paragraph (2), has been ordinarily resident in the relevant territory throughout the three-year period preceding the first day of the first academic year of the course; and
(e)subject to sub-paragraph (3), whose ordinary residence in the relevant territory 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 (d) of sub-paragraph (1) does not apply to the family member of a United Kingdom national, where that United Kingdom national—
(a)had, before IP completion day, exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; and
(b)has been ordinarily resident in the relevant territory throughout the three-year period preceding the first day of the first academic year of the course.
(3) Paragraph (e) 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 1(3).
(4) 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-paragraphs (1)(b) and (d).
(5) In this paragraph, “EU overseas territories” means Aruba; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies and Wallis and Futuna.]
Textual Amendments
F1Sch. 1 paras. 9ZA-9ZD inserted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 16(11)
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