SCHEDULE 1ELIGIBLE STUDENTS

PART 2Categories

F1Persons resident in GibraltarF29D

1

A person—

a

who is—

i

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

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 —

i

attending or undertaking a designated course in England; or

ii

undertaking an intensive course, designated part-time course or a designated postgraduate course in England;

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 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, 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 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 —

i

attending or undertaking a designated course in England; or

ii

undertaking an intensive course, designated part-time course or a designated postgraduate course in England;

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 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.

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(4).