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- Point in Time (31/12/2020)
- Original (As made)
Version Superseded: 25/03/2021
Point in time view as at 31/12/2020.
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Regulation 5 (1) and (6)
1.—(1) For the purposes of this Schedule—N.I.
“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;
“Directive 2004/38” means Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004(1) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
“EC national” means a national of a Member State of the European Community;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(2) as adjusted by the Protocol signed at Brussels on 17th March 1993(3);
[F1“EEA EFTA separation agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;]
“EEA frontier self-employed person” means an EEA national who—
is a self-employed person in the United Kingdom; and
resides in Switzerland or the territory of an EEA StateF2... and returns to his residence in Switzerland or that EEA State daily or at least once a week;
“EEA frontier worker” means an EEA national who—
is a worker in the United Kingdom; and
resides in Switzerland or the territory of an EEA State F2...and returns to his residence in Switzerland or that EEA State daily or at least once a week;
“EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;
“EEA national” means a national of an EEA State F2...;
“EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;
“employed person” means an employed person with the meaning of Annex 1 to the Swiss Agreement;
“employment” means full-time or part-time employment;
“European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;
“European Economic Area” means the area comprised by the EEA States;
“family member” means—
in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person—
his spouse or civil partner;
[F3direct 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 his ascending line or that of his 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—
his spouse or civil partner; or
his child or the child of his spouse or civil partner;
in relation to an EC national who falls within Article 7(1)(c) of Directive 2004/38—
his spouse or civil partner; or
direct descendants of his or of his spouse or civil partner who are—
under the age of 21; or
dependants of his or his spouse or civil partner;
in relation to an EC national who falls within Article 7(1)(b) of Directive 2004/38—
his spouse or civil partner;
direct descendants of his or of his spouse or civil partner who are—
under the age of 21; or
dependants of his or his spouse or civil partner; or
dependent direct relatives in his ascending line or that of his spouse or civil partner;
in relation to a United Kingdom national, for the purposes of paragraph 9—
his spouse or civil partner; or
direct descendants of his or of his spouse or civil partner who are—
under the age of 21; or
dependants of his or his spouse or civil partner;
[F4“the Islands” means the Channel Islands and the Isle of Man;]
“overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; [F5Gibraltar;] Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten); Pitcairn, Henderson, Ducie & Oeno Islands; South Georgia and the South Sandwich Islands; [F6St-Barthélemy ;] St Helena and Dependencies (Ascension Island and Tristan de Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands and Wallis and Futuna;
“person with leave to enter or remain” means a person—
who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom;
who has been granted leave to enter or to remain accordingly; and
whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002)(4); and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since he was granted leave to enter or remain;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951(5) as extended by the Protocol thereto which entered into force on 4th October 1967(6);
[F1“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;]
[F7“right of permanent residence”, unless otherwise indicated, means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before IP completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before IP completion day;]
“self-employed person” 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” has the meaning given by section 33(2A) of the Immigration Act 1971(7);
“Swiss Agreement” 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 21st June 1999(8) and which came into force on 1st June 2002;
[F1“Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;]
“Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;
“Swiss frontier employed person” means a Swiss national who—
is an employed person in the United Kingdom; and
resides in Switzerland or in the territory of an EEA State F2...and returns to his residence in Switzerland or that EEA State daily or at least once a week;
“Swiss frontier self-employed person” means a Swiss national who—
is a self-employed person in the United Kingdom; and
resides in Switzerland or in the territory of an EEA State F2...and returns to his residence in Switzerland or that EEA State daily or at least once a week;
“Swiss self-employed person” means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;
“Turkish worker” means a Turkish national who—
is ordinarily resident in the United Kingdom; and
is, or has been lawfully employed in the United Kingdom;
“worker” means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement as the case may be.
[F8(2) For the purposes of this Schedule, “parent” [F9means a parent, guardian or] any other person having parental responsibility for a child and “child” is to be construed accordingly.]
[F10(2A) For the purposes of this Schedule, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place.]
(3) For the purposes of this Schedule, a person is to be treated as ordinarily resident in the United Kingdom, the United Kingdom and Islands, in [F11the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland] , in [F12the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories] , or in [F13the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories] 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 child’s spouse or civil partner,
is or was temporarily employed outside the area in question.
(4) For the purposes of paragraph (3), temporary employment 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 the territory comprising [F14the 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 the territory comprising [F14the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey as members of such forces.
(5) For the purposes of this Schedule an area [F15other than the United Kingdom or Gibraltar] which—
(a)was previously not part of the European Community or the European Economic Area; but
(b)at any time before or after these Regulations come into operation has become part of one or the other or both of these areas,
is to be considered to have always been a part of the European Economic Area.
[F16(6) For the purposes of this Schedule a person who is ordinarily resident in the United Kingdom as a result of having moved from the Islands for the purpose of undertaking a course is to be considered to be ordinarily resident in the Islands;]
[F17(7) For the purposes of this Schedule a person who is ordinarily resident in Northern Ireland as a result of having moved from England, Wales, Scotland or the Islands for the purpose of undertaking a course is to be considered as ordinarily resident in England, Wales, Scotland or the Islands as the case may be.]
Textual Amendments
F1Words in Sch. para. 1 inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(a)(i)
F2Words in Sch. para. 1 omitted (31.12.2020) by virtue of The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(a)(i)(aa)
F3Sch. 1 para. 1(1)(a)(ii) substituted (29.3.2011) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/70), regs. 1, 4
F4Words in Sch. para. 1(1) omitted (1.9.2011) by virtue of The Student Fees (Qualifying Courses and Persons) (Amendment) (No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/376), regs. 1, 6 (with reg. 10)
F5Word in Sch. para. 1 inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(a)(i)(bb)
F6Words in Sch. para. 1(1) inserted (22.3.2013 with application in accordance with reg. 1(2)) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/37), regs. 1(1), 3(a)
F7Words in Sch. para. 1 substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(a)(i)(cc)
F8Sch. para. 1(2) substituted (1.9.2011) by The Student Fees (Qualifying Courses and Persons) (Amendment) (No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/376), regs. 1, 7 (with reg. 10)
F9Words in Sch. para. 1(2) substituted (22.3.2013 with application in accordance with reg. 1(2)) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/37), regs. 1(1), 3(b)
F10Sch. para. 1(2A) inserted (22.3.2013 with application in accordance with reg. 1(2)) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/37), regs. 1(1), 3(c)
F11Words in Sch. para. 1(3) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(a)(iii)(aa)
F12Words in Sch. para. 1(3) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(a)(iii)(bb)
F13Words in Sch. para. 1(3) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(a)(iii)(cc)
F14Words in Sch. para. 1(4) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(a)(iv)
F15Words in Sch. para. 1(5) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(a)(ii)
F16Sch. para. 1(6) inserted (28.9.2007) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/375), regs. 1, 3(2)(b)
F17Sch. para. 1(7) added (1.9.2011) by The Student Fees (Qualifying Courses and Persons) (Amendment) (No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/376), regs. 1, 8 (with reg. 10)
Commencement Information
I1Sch. para. 1 in operation at 1.9.2007, see reg. 1
2.—(1) A person who on the first day of the first academic year of the course—
(a)is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;
(b)is ordinarily resident in the United Kingdom;
(c)has been ordinarily resident in the United Kingdom and Islands 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 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(3).
Commencement Information
I2Sch. para. 2 in operation at 1.9.2007, see reg. 1
3. A person who—N.I.
[F18(a)meets one of the following conditions—
(i)the person is settled in the United Kingdom by reason of having acquired the right of permanent residence on the first day of an academic year of the course; or
(ii)the person falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement, or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before IP completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before IP completion day;]
(b)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;
(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(d)in a case where his 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 [F19the United Kingdom,] the [F20European Economic Area, Switzerland and the overseas territories] immediately before the period of residence referred to in paragraph (c).
Textual Amendments
F18Sch. para. 3(a) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(b)
F19Words in Sch. para. 3(d) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(b)(i)
F20Words in Sch. para. 3(d) substituted (28.9.2007) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/375), regs. 1, 3(3)
Commencement Information
I3Sch. para. 3 in operation at 1.9.2007, 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 he was recognised as a refugee; and
(c)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
(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 his application for asylum;
(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since he was given leave to remain in the United Kingdom; and
(d)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
(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 his 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 his application for asylum;
(d)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since he was given leave to remain in the United Kingdom; and
(e)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
Commencement Information
I4Sch. para. 4 in operation at 1.9.2007, see reg. 1
4A. A person who—
(a)has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules;
(b)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course;
(c)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and
(d)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.]
Textual Amendments
5.—(1) A person—
(a)with leave to enter or remain; and
(b)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
(2) A person—
(a)who is the spouse or civil partner of a person with leave to enter or remain;
(b)who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made his application for asylum; and
(c)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
(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;
(b)who, on the date on which the person with leave to enter or remain made his application for asylum, was the child of that person 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;
(c)who was under 18 on the date on which the person with leave to enter or remain made his application for asylum; and
(d)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
Commencement Information
I5Sch. para. 5 in operation at 1.9.2007, see reg. 1
[F226.—(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) or (v);
(b)subject to sub-paragraph (2), 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 [F23the United Kingdom,] 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.
(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.]
Textual Amendments
F22Sch. para. 6 substituted (28.9.2007) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/375), regs. 1, 3(4)
F23Words in Sch. para. 6(1)(c) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(c)
Commencement Information
I6Sch. para. 6 in operation at 1.9.2007, see reg. 1
7.— [F24(1)] A person who—N.I.
(a)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;
(b)has been ordinarily resident in the territory comprising [F25the United Kingdom,] the [F26European Economic Area, Switzerland and the overseas territories] throughout the three-year period preceding the first day of the first academic year of the course; and
(c)is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers(9), as extended by the EEA Agreement.
[F27(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.]
Textual Amendments
F24 Sch. para. 7(a)(b)(c) renumbered as Sch. para. 7(1)(a)(b)(c) (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(d)(i)
F25Words in Sch. para. 7(1)(b) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(d)(ii)
F26Words in Sch. para. 7(b) substituted (28.9.2007) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/375), regs. 1, 3(5)
F27Sch. para. 7(2) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(d)(iii)
Commencement Information
I7Sch. para. 7 in operation at 1.9.2007, see reg. 1
8.—(1) A person who—
(a)is settled in the United Kingdom;
(b)left the United Kingdom and exercised a right of residence [F28before IP completion day] after having been settled in the United Kingdom;
(c)is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;
(d)has been ordinarily resident in the territory comprising [F29the United Kingdom,] the [F30European Economic Area, Switzerland and the overseas territories] throughout the three-year period preceding the first day of the first academic year of the course; and
(e)in a case where his ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising [F31the 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 he 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 [F32had 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, in the case of a person who is settled in the United Kingdom and [F32had a right] of permanent residence, if he [F33has gone] to the state within the territory comprising the European Economic Area and Switzerland of which he is a national or of which the person in relation to whom he is a family member is a national.
[F34(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
F28Words in Sch. para. 8(1)(b) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(e)(i)(aa)
F29Words in Sch. para. 8(1)(d) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(e)(i)(bb)
F30Words in Sch. para. 8(1)(d) substituted (28.9.2007) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/375), regs. 1, 3(6)
F31Words in Sch. para. 8(1)(e) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(e)(i)(cc)
F32Words in Sch. para. 8(2) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(e)(ii)(aa)
F33Words in Sch. para. 8(2) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(e)(ii)(bb)
F34Sch. para. 8(3) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(e)(iii)
Commencement Information
I8Sch. para. 8 in operation at 1.9.2007, see reg. 1
9.—(1) A person who—
(a)is either—
(i)an EC national F35...on the first day of an academic year of the course; or
(ii)a family member of a such a person;
(b)is undertaking the course in the Northern Ireland;
[F36(c)has been ordinarily resident in the territory comprising [F37the United Kingdom,] 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; and]
F38(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)subject to sub-paragraph (2), whose ordinary residence in the relevant territory has not during any part of the period referred to in [F39paragraph (c)] been wholly or mainly for the purpose of receiving full-time education.
[F40(1A) 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, 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.]
(2) 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).
[F41(3) 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.]
Textual Amendments
F35Words in Sch. para. 9(1)(a)(i) omitted (31.12.2020) by virtue of The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(f)(i)
F36Sch. para. 9(1)(c) substituted (28.9.2007) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/375), regs. 1, 3(7)(a)
F37Words in Sch. para. 9(1)(c) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(f)(ii)
F38Sch. para. 9(1)(d) omitted (28.9.2007) by virtue of The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/375), regs. 1, 3(7)(b)
F39Words in Sch. para. 9(1)(e) substituted (28.9.2007) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/375), regs. 1, 3(7)(c)
F40Sch. para. 9(1A) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(f)(iii)
F41Sch. para. 9(3) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(f)(iv)
Commencement Information
I9Sch. para. 9 in operation at 1.9.2007, see reg. 1
[F429A.—(1) A person who—
(a)is an EC national otherF43... on the first day of the first academic year of the course;
(b)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;
(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and
(d)in a case where his 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 [F44the United Kingdom,] 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 Community after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national other than a United Kingdom national on the first day of the first academic year of the course is treated as being satisfied.]
Textual Amendments
F42Sch. para. 9A inserted (28.9.2007) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/375), regs. 1, 3(8)
F43Words in Sch. para. 9A(1)(a) omitted (31.12.2020) by virtue of The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(g)(i)
10.— [F45(1)] A person who—
(a)is the 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 first day of the first academic year of the course;
(c)has been ordinarily resident in the territory comprising [F46the United Kingdom,] the [F47European Economic Area, Switzerland and the overseas territories] throughout the three-year period preceding the first day of the first academic year of the course; and
(d)in a case where his 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 [F48the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
[F49(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.]
Textual Amendments
F45Sch. para. 10(a)-(d) renumbered as Sch. para. 10(1)(a)-(d) (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(h)(i)
F46Words in Sch. para. 10(1)(c) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(h)(ii)
F47Words in Sch. para. 10(c) substituted (28.9.2007) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/375), regs. 1, 3(9)
F48Words in Sch. para. 10(1)(d) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(h)(iii)
F49Sch. para. 10(2) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(h)(iv)
Commencement Information
I10Sch. para. 10 in operation at 1.9.2007, see reg. 1
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 [F50the United Kingdom,] the [F51European Economic Area, Switzerland, Turkey and the overseas territories] throughout the three-year period preceding the first day of the first academic year of the course.
Textual Amendments
F50Words in Sch. para. 11(c) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 14(i)
F51Words in Sch. para. 11(c) substituted (28.9.2007) by The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/375), regs. 1, 3(10)
Commencement Information
I11Sch. para. 11 in operation at 1.9.2007, see reg. 1
OJ L158, 30.4.2004, p77-123
Cmnd 2073
Cmnd 2183
2002 c.41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants etc) Act 2004 (c.19), section 26 and Schedules 2 and 4, and the Immigration, Asylum and Nationality Act 2006 (c.13), section 9.
Cmnd. 9171.
Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Education and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).
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 L257, 19.10.1968, p2 (OJ/SE 1968 (II) p475).
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