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SCHEDULE 1E+WELIGIBLE STUDENTS

PART 2E+WCategories

Persons who are settled in the United KingdomE+W

2.—(1) A person who—

[F1(a)is settled in the United Kingdom on the relevant date and does not fall within paragraph 3;]

(b)is ordinarily resident in England on the relevant date;

(c)had been ordinarily resident throughout the three-year period preceding the relevant date in the United Kingdom and Islands; and

(d)had not during any part of the period referred to in paragraph (c) been ordinarily resident in the United Kingdom and Islands wholly or mainly for the purpose of receiving fulltime education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(7).

Textual Amendments

[F22A.—(1) A person—E+W

(a)who is settled in the United Kingdom on the relevant date and does not fall within paragraph 3;

(b)who is ordinarily resident in England on the relevant date;

(c)who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the Republic of Ireland throughout the three-year period preceding the [F3relevant date]; and

(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the Republic of Ireland 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 (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 Islands and the Republic of Ireland in accordance with paragraph 1(7).]

Textual Amendments

3.—[F4(1)]  A person who— E+W

[F5(a)meets one of the following conditions on the relevant date—

(i)the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

(ii)the person—

(aa)is within the personal scope of the citizens’ rights provisions;

(bb)is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; and

(cc)would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave;

F6(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)the person—

(aa)is within the personal scope of the citizens’ rights provisions;

(bb)is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations [F7or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)]; and

(cc)has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period [F8or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3)]; or

(v)the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;]

(b)is ordinarily resident in England on the relevant date;

(c)who had been ordinarily resident in the United Kingdom throughout the three-year period preceding the relevant date; and

(d)in a case where the person's ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was [F9ordinarily resident immediately before the period of ordinary residence referred to in paragraph (c) in the territory comprising—

(i)the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii)the overseas territories.]

[F10(2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules (as defined in section 33(1) of the Immigration Act 1971).]

[F11(3) For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—

(a)Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;

(b)Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c)Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.]

Textual Amendments

F6Sch. 1 para. 3(1)(a)(iii) omitted (with application in accordance with reg. 1(3)(e) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 28(3)

F9Words in Sch. 1 para. 3(1)(d) substituted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 29(6)(d)

RefugeesE+W

4.—(1) A person—

(a)who is a refugee;

(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being recognised as a refugee; and

(c)who is ordinarily resident in England on the relevant date.

(2) A person—

(a)who is the spouse or civil partner of a refugee;

(b)who was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;

(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom; and

(d)who is ordinarily resident in England on the relevant date.

(3) A person—

(a)who is the child of a refugee or the child of the spouse or civil partner of a refugee;

(b)who, on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;

(c)who was under 18 on the date on which the refugee made the application for asylum;

(d)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom; and

(e)who is ordinarily resident in England on the relevant date.

[F12Persons granted stateless leave and their family membersE+W

4A.—[F13(1) A person granted stateless leave, who is ordinarily resident in England on the relevant date.]

(2) A person—

(a)who—

(i)is the spouse or civil partner of a person granted stateless leave; and

(ii)on the leave application date, was the spouse or civil partner of a person granted stateless leave;

[F14(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(c)who is ordinarily resident in England on the relevant date.]

(3) A person—

(a)who—

(i)is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii)on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b)was under 18 on the leave application date;

[F15(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(d)who is ordinarily resident in England on the relevant date.]

(4) In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).]

Textual Amendments

F12Sch. 1 para. 4A inserted (with application in accordance with reg. 1(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 18(4)

[F16Persons granted section 67 leaveE+W

4B.  A person granted section 67 leave, who is ordinarily resident in England on the relevant date.]

Textual Amendments

F16Sch. 1 para. 4B substituted (with application in accordance with reg. 1(3)(a)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 19(3)

[F17Persons granted indefinite leave to remain as a victim of domestic violence or domestic abuseE+W

4C.  A person granted indefinite leave to remain as a victim of domestic violence or domestic abuse, who is ordinarily resident in England on the relevant date.]

Textual Amendments

[F18Persons granted Calais leaveE+W

4D.  A person granted Calais leave, who is ordinarily resident in England on the relevant date.]

Textual Amendments

F18Sch. 1 para. 4D substituted (with application in accordance with reg. 1(3)(a)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 19(4)

[F19Persons granted indefinite leave to remain as a bereaved partnerE+W

4E.  A person granted indefinite leave to remain as a bereaved partner, who is ordinarily resident in England on the relevant date.]

Textual Amendments

[F20Persons granted humanitarian protection and their family membersE+W

5.—(1) [F21A person granted humanitarian protection, who is ordinarily resident in England on the relevant date.]

(2) A person—

(a)who is the spouse or civil partner of a person granted humanitarian protection;

(b)who was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”);

[F22(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(d)who is ordinarily resident in England on the relevant date.]

(3) A person—

(a)who is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;

(b)who, on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;

(c)who was under 18 on the asylum application date;

[F23(d)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e)who is ordinarily resident in England on the relevant date.]]

Textual Amendments

F20Sch. 1 para. 5 substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Support) (European University Institute) Regulations 2010 (Amendment) Regulations 2011 (S.I. 2011/83), regs. 1(2), 7(c)

[F24Persons granted leave under [F25one of the Afghan Schemes] E+W

5A.  A person granted leave under [F26one of the Afghan Schemes] who is ordinarily resident in England on the relevant date.]

Textual Amendments

[F27Evacuated or assisted British nationals from AfghanistanE+W

5B.  An evacuated or assisted British national from Afghanistan who is ordinarily resident in England on the relevant date.]

Textual Amendments

[F28Persons granted leave under one of the Ukraine SchemesE+W

5C.  A person granted leave under one of the Ukraine Schemes who is ordinarily resident in England on the relevant date.]

Textual Amendments

Workers, employed persons, self-employed persons and their family membersE+W

6.—(1) A person who—

(a)on the relevant date, is—

(i)an EEA migrant worker or an EEA self-employed person;

(ii)a Swiss employed person or a Swiss self-employed person;

(iii)a family member of a person mentioned in paragraph (i) or (ii);

(iv)an EEA frontier worker or an EEA frontier self-employed person;

(v)a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)a family member of a person in (iv) or (v);

(b)subject to sub-paragraph (2), is ordinarily resident in England on the relevant date; and

(c)has been ordinarily resident in the territory comprising [F29the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the relevant date.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

Textual Amendments

[F306A.—(1) A person with protected rights, or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who—E+W

(a)on the relevant date, is—

(i)an EEA migrant worker or an EEA self-employed person;

(ii)a Swiss employed person or a Swiss self-employed person;

(iii)a family member of a person mentioned in sub-paragraph (i) or (ii);

(iv)an EEA frontier worker or an EEA frontier self-employed person;

(v)a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)a family member of a person mentioned in sub-paragraph (iv) or (v);

(b)subject to sub-paragraph (2), is ordinarily resident in England on the relevant date; and

[F31(c)has been ordinarily resident throughout the three-year period preceding the relevant date either—

(i)in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii)in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories;]

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

(3) In this paragraph, a description of a person in sub-paragraph(1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.]

Textual Amendments

7.—[F32(1)] A person who—E+W

(a)is ordinarily resident in England on the relevant date;

(b)has been ordinarily resident in the territory comprising [F33the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(c)is entitled to support by virtue of article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers M1, as extended by the EEA Agreement.

[F34(2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.]

Textual Amendments

Marginal Citations

M1OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) P475).

[F357A.—(1) A person with protected rights who—E+W

(a)is ordinarily resident in England on the relevant date;

[F36(b)has been ordinarily resident throughout the three-year period preceding the relevant date either—

(i)in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii)in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories;]

(c)is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day.

(2) For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—

(a)the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland; and

(b)the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly.]

Textual Amendments

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereE+W

8.—(1) A person who—

(a)is settled in the United Kingdom;

(b)was ordinarily resident in England and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence [F37before IP completion day];

(c)is ordinarily resident in England on the relevant date;

(d)has been ordinarily resident in the territory comprising [F38the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; 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 [F39the 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 (“A”) has exercised a right of residence if A 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 [F40had 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 [F40had the right] of permanent residence, if A [F41has gone] to the state within the territory comprising the European Economic Area and Switzerland of which A is a national or of which the person in relation to whom A is a family member is a national.

[F42(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

[F438A.—(1) A person who—E+W

(a)is settled in the United Kingdom;

(b)was ordinarily resident in England and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day;

(c)was ordinarily resident immediately before IP completion day—

(i)in the territory comprising Gibraltar, the European Economic Area and Switzerland; or

(ii)in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising Gibraltar, the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the relevant date;

(d)is ordinarily resident in England on the relevant date;

(e)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(f)in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (e).

(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 had 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 had the right of permanent residence, if the person has 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.

(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

EU nationals [F44etc.] E+W

9.—(1) A person who—

(a)on the relevant date, is either—

(i)an EU national; or

(ii)a family member of such a person;

(b)is ordinarily resident in England on the relevant date;

(c)has been ordinarily resident in the territory comprising [F45the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(d)subject of sub-paragraph (2), whose ordinary residence in the territory comprising [F46the United Kingdom, Gibraltar,] the European Economic Area and Switzerland 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 (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising [F47the United Kingdom, Gibraltar,] the European Economic Area and Switzerland in accordance with paragraph 1(7).

[F48(3) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.]

Textual Amendments

[F499A.—(1) A person with protected rights—E+W

(a)who on the relevant date is —

(i)an EU national;

(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 ordinarily resident in England on the relevant date;

(c)who has been ordinarily resident in the territory comprising the United Kingdom, F50... the European Economic Area [F51, Switzerland and the overseas territories] throughout the three-year period preceding the relevant date; and

(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, F52... the European Economic Area [F53, 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 (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, F54... the European Economic Area [F55, Switzerland and the overseas territories] in accordance with paragraph 1(7).

Textual Amendments

F50Word in Sch. 1 para. 9A(1)(c) omitted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 29(6)(g)(i)(aa)

F51Words in Sch. 1 para. 9A(1)(c) substituted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 29(6)(g)(i)(bb)

F52Word in Sch. 1 para. 9A(1)(d) omitted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 29(6)(g)(ii)(aa)

F54Word in Sch. 1 para. 9A(2) omitted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 29(6)(g)(iii)(aa)

F55Words in Sch. 1 para. 9A(2) substituted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 29(6)(g)(iii)(bb)

United Kingdom nationalsE+W

9B.—(1) A person—

(a)who on the relevant date is—

(i)a United Kingdom national; or

(ii)a family member of a person mentioned in sub-paragraph (i);

(b)who was ordinarily resident immediately before IP completion day—

(i)in the territory comprising the European Economic Area and Switzerland; or

(ii)in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the relevant date;

(c)who is ordinarily resident in England on the relevant date;

(d)who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(e)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(7).

(3) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).

Textual Amendments

[F569BA.—(1) A person—

(a)who on the relevant date is an Irish citizen;

(b)who was ordinarily resident immediately before IP completion day—

(i)in the territory comprising the European Economic Area and Switzerland, or

(ii)in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the relevant date;

(c)who is ordinarily resident in England on the relevant date;

(d)who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(e)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(7).]

Textual Amendments

[F579BB.—(1) A person—

(a)who is settled in the United Kingdom on the relevant date;

(b)who is ordinarily resident in England on the relevant date;

(c)who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the relevant date;

(d)who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the relevant date; and

(e)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (e) 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 Islands and the specified British overseas territories in accordance with paragraph 1(7).]

Textual Amendments

9C.—(1) A person—

(a)who on the relevant date is a family member of a person who is [F58settled in the United Kingdom];

(b)who is ordinarily resident in England on the relevant date;

(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding the relevant date; and

(d)subject to sub-paragraph (2), whose ordinary residence in the United Kingdom and Islands 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 (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(7).

Textual Amendments

F58Words in Sch. 1 para. 9C(1)(a) substituted (with application in accordance with reg. 1(3)(f) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 30

Persons resident in GibraltarE+W

[F599D.—(1) A person—

(a)who on the relevant date is—

(i)a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii)a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(b)who is ordinarily resident in England on the relevant date;

(c)who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and

(d)subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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) A person—

(a)who on the relevant date is—

(i)an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(ii)a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b)who is ordinarily resident in England on the relevant date;

(c)who 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 relevant date; 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.

(3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(7).]]

Textual Amendments

F59Sch. 1 para. 9D substituted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 29(6)(i)

[F60EU nationals ordinarily resident in the United Kingdom and Islands ]E+W

10.—(1) A person who—

(a)on the relevant date, is an EU national F61...;

(b)is ordinarily resident in England on the relevant date;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the relevant date; and

(d)in a case whose ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F62the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

Textual Amendments

[F6310ZA.  A person with protected rights who—E+W

(a)on the relevant date is an EU national;

(b)is ordinarily resident in England on the relevant date;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the relevant date; and

(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, F64... the European Economic Area [F65Switzerland and the overseas territories] immediately prior to the period of ordinary residence referred to in paragraph (c).]

Textual Amendments

F64Word in Sch. 1 para. 10ZA(d) omitted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 29(6)(j)(i)

F65Words in Sch. 1 para. 10ZA(d) substituted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 29(6)(j)(ii)

[F6610A.  A person who—E+W

(a)is an EU national F67... on the relevant date;

(b)is ordinarily resident in England on the relevant date;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the five-year period immediately preceding the relevant date; and

(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F68the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

(2) Where a state accedes to the EU after the relevant date and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national F67... on the relevant date is treated as being satisfied.]

Textual Amendments

F66Sch. 1 para. 10A inserted (with application in accordance with reg. 1(3)(b)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 37(a)

Children of Swiss nationalsE+W

11.  A person who—

[F69(1)] ( a) on the relevant date, is the child of a Swiss national who is entitled to support from the Secretary of State by virtue of article 3(6) of Annex 1 to the Swiss Agreement;

(b)is ordinarily resident in England on the relevant date;

(c)has been ordinarily resident in the territory comprising [F70the 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

(d)in a case whose ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F71the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

[F72(2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.]

Textual Amendments

[F7311A.  A person with protected rights who—E+W

(a)on the relevant date is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement;

(b)is ordinarily resident in England on the relevant date;

[F74(c)has been ordinarily resident throughout the three-year period preceding the relevant date either—

(i)in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or

(ii)in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories];

(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).]

Textual Amendments

Children of Turkish workersE+W

12.  A person who—

(a)on the relevant date, was the child of a Turkish worker;

(b)was ordinarily resident in England on the relevant date; and

(c)has been ordinarily resident in the territory comprising [F75the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Textual Amendments

[F7612A.  A person who—E+W

(a)is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day;

(b)immediately before IP completion day—

(i)was the child of T; and

(ii)was ordinarily resident in the United Kingdom;

(c)is ordinarily resident in England on the relevant date; and

[F77(d)has been ordinarily resident throughout the three-year period preceding the relevant date either—

(i)in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey; or

(ii)in the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories where at least part of that ordinary residence was in the overseas territories.]]

Textual Amendments

[F78Long ResidenceE+W

13.—(1) A person—

(a)who on the relevant date either—

(i)is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the relevant date; or

(ii)is aged 18 years old or above and, preceding the relevant date, has lived in the United Kingdom throughout either—

(aa)half their life; or

(bb)a period of twenty years;

(b)who is ordinarily resident in England on the relevant date;

(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date; and

(d)subject to sub-paragraph (2), whose residence in the United Kingdom and Islands 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 (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(7).]

Textual Amendments