12. A person is to be treated as an “international student” where—
(a)they—
(i)are a qualifying person that falls within Part 4 (EU and Other States Categories) and does not fall within Part 5 (EU and Other States Special Categories) where the course start date is on or after 1st September 2021; or
(ii)are not a qualifying person; and
(b)they are required to obtain a student visa to study in the United Kingdom for a higher education course lasting six months or more.