The Education (Fees and Awards) (England) Regulations 2007

EC nationalsE+W+S

This section has no associated Explanatory Memorandum

9.—(1) A person who—

(a)is either—

(i)an EC national 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 United Kingdom;

[F1(c)[F2subject to sub-paragraph (1A),] has been ordinarily resident in the territory comprising 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]

F3(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 [F4paragraph (c)] been wholly or mainly for the purpose of receiving full-time education.

[F5(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of an EC national where that EC national—

(a)is—

(i)a United Kingdom national who has exercised a right to reside on the territory of another Member State under article 7(1) of Directive 2004/38; or

(ii)not a United Kingdom national;

and

(b)has been ordinarily resident in the territory comprising 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 regulation 2(4).

Textual Amendments