[F19A.—(1) A person with protected rights—E+W+S
(a)who is —
(i)an EU national on the first day of the first academic year of the course;
(ii)a family member of a person mentioned in sub-paragraph (i); or
(iii)a family member of a relevant person of Northern Ireland;
(b)who is undertaking the course in the United Kingdom;
(c)who, subject to sub-paragraph (2), 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; and
(d)subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories 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 (c) of sub-paragraph (1) does not apply to a family member of a person who—
(a)is an EU national or a relevant person of Northern Ireland; 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.
(3) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with regulation 2(4).]
Textual Amendments