8.—(1) A person who—
(a)is settled in the United Kingdom;
(b)was ordinarily resident in Northern Ireland and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence [F1before IP completion day];
(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 [F2the 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
(e)in a case where the person’s 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 [F3the 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 [F4had 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 [F4had the right] of permanent residence, if the person [F5has 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.
[F6(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
F1Words in Sch. 2 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), 12(b)(iv)(aa)
F2Words in Sch. 2 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), 12(b)(iv)(bb)
F3Words in Sch. 2 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), 12(b)(iv)(bb)
F4Words in Sch. 2 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), 12(b)(iv)(cc)(i)
F5Words in Sch. 2 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), 12(b)(iv)(cc)(ii)
F6Sch. 2 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), 12(b)(iv)(dd)
Commencement Information
I1Sch. 2 para. 8 in operation at 17.12.2009, see reg. 1(1)