5.—(1) A person—
(a)who on the course start date—
(i)is settled in the United Kingdom and does not fall within Part 5 (EU and Other States Special Categories) of Schedule 2;
(ii)is ordinarily resident in Great Britain and the Islands;
(iii)has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the course start date; and
(b)subject to sub-paragraph (2), whose residence in the United Kingdom and the Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (b) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and the Islands in accordance with paragraph 2.
Commencement Information
I1Sch. 2 para. 5 in operation at 1.9.2023, see reg. 1