The Further Education Loans Regulations 2012

PART 2 E+W Categories

Persons who are settled in the United Kingdom E+W

2.—(1) A person who on the first day of a designated further education course—

(a) is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;

(b) is ordinarily resident in the United Kingdom;

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the further education course; 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(5).

Commencement Information

I1 Sch. 1 para. 2 in force at 1.9.2012, see reg. 1(1)

3.—(1) A person who—

(a) is settled in the United Kingdom by reason of having acquired the right of permanent residence;

(b) is ordinarily resident in the United Kingdom on the first day of a designated further education course;

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the further education course; 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 European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

Commencement Information

I2 Sch. 1 para. 3 in force at 1.9.2012, see reg. 1(1)

Refugees and their family members E+W

4.—(1) A person who—

(a) is a refugee;

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

(c) is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(2) A person who—

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

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

(c) 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) is ordinarily resident in the United Kingdom on the first day of the designated further education course.

(3) A person who—

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

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

(d) 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) is ordinarily resident in the United Kingdom on the first day of the designated further education course.

Commencement Information

I3 Sch. 1 para. 4 in force at 1.9.2012, see reg. 1(1)

[F1 Persons granted stateless leave and their family members E+W

4A.— (1) A person granted stateless leave who—

(a) is ordinarily resident in the United Kingdom on the first day of the designated further education course; and

(b) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the designated further education course.

(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;

(b) who is ordinarily resident in the United Kingdom on the first day of the designated further education course; and

(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the designated further education course.

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

(c) who is ordinarily resident in the United Kingdom on the first day of the designated further education course; and

(d) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the designated further education course.

(4) In this paragraph, “leave application date” means the date on which a 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

F1 Sch. 1 para. 4A inserted (1.4.2018) by The Further Education Loans (Amendment) Regulations 2018 (S.I. 2018/182), regs. 1, 3(4)

[F2 Persons granted section 67 leave E+W

4B.   A person granted section 67 leave who—

(a) is ordinarily resident in the United Kingdom on the first day of the designated further education course; and

(b) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the designated further education course.]

Textual Amendments

F2 Sch. 1 para. 4B inserted (with application in accordance with reg. 1(2)(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 39(5)

Persons granted humanitarian protection and their family members E+W

5.—(1) A person granted humanitarian protection who—

(a) is ordinarily resident in the United Kingdom on the first day of the designated further education course; and

(b) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the designated further education course.

(2) A person who—

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

(b) 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”);

(c) is ordinarily resident in the United Kingdom on the first day of the designated further education course; and

(d) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the designated further education course.

(3) A person who—

(a) 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) 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) was under 18 on the asylum application date;

(d) is ordinarily resident in the United Kingdom on the first day of the designated further education course; and

(e) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the designated further education course.

Commencement Information

I4 Sch. 1 para. 5 in force at 1.9.2012, see reg. 1(1)

Workers, employed persons, self-employed persons and their family members E+W

6.—(1) A person who—

(a) 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 mentioned in paragraph (iv) or (v);

(b) subject to sub-paragraph (2), is ordinarily resident in England on the first day of the further education course; and

(c) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the designated further education course.

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

Commencement Information

I5 Sch. 1 para. 6 in force at 1.9.2012, see reg. 1(1)

7.  A person who—

(a) is ordinarily resident in the United Kingdom on the first day of the designated further education course;

(b) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the designated further education course; 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 (1), as extended by the EEA Agreement.

Commencement Information

I6 Sch. 1 para. 7 in force at 1.9.2012, see reg. 1(1)

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere E+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;

(c) is ordinarily resident in the United Kingdom on the day on which the designated further education course begins;

(d) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the designated further education course; 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 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 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 has a 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 has a right of permanent residence, if the person goes 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.

Commencement Information

I7 Sch. 1 para. 8 in force at 1.9.2012, see reg. 1(1)

EU nationals E+W

9.—(1) A person who—

(a) is either—

(i) an EU national on the first day of the designated further education course; or

(ii) a family member of a such a person;

(b) is attending or undertaking a designated further education course in England;

(c) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the designated further education course; and

(d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising 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 the European Economic Area and Switzerland in accordance with paragraph 1(5).

(3) Where a state accedes to the EU after the first day of the designated further education course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national on the first day of the designated further education course is treated as being satisfied.

Commencement Information

I8 Sch. 1 para. 9 in force at 1.9.2012, see reg. 1(1)

10.—(1) A person who—

(a) is an EU national other than a United Kingdom national on the first day of the designated further education course;

(b) is ordinarily resident in the United Kingdom on the first day of the designated further education course;

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the designated further education course; 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 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 first day of the designated further education course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national other than a United Kingdom national on the first day of the designated further education course is treated as being satisfied.

Commencement Information

I9 Sch. 1 para. 10 in force at 1.9.2012, see reg. 1(1)

Children of Swiss nationals E+W

11.  A person who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Swiss Agreement;

(b) is ordinarily resident in the United Kingdom on the first day of the designated further education course;

(c) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the designated further education course; 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 European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

Commencement Information

I10 Sch. 1 para. 11 in force at 1.9.2012, see reg. 1(1)

Children of Turkish workers E+W

12.  A person who—

(a) is the child of a Turkish worker;

(b) is ordinarily resident in the United Kingdom on the first day of the designated further education course; and

(c) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the designated further education course.

Commencement Information

I11 Sch. 1 para. 12 in force at 1.9.2012, see reg. 1(1)

[F3 Long Residence E+W

[F4 13.— (1) A person—

(a) who on the first day of a designated further education course has, preceding the first day of the further education course, lived in the United Kingdom throughout either—

(i) half their life; or

(ii) a period of twenty years;

(b) who is ordinarily resident in the United Kingdom;

(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the further education course; 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(5).]]

Textual Amendments

F3 Sch. 1 para. 13 inserted (with application in accordance with reg. 2(2) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2016 (S.I. 2016/584), regs. 1(2), 6(2)

F4 Sch. 1 para. 13 substituted (1.4.2017) by The Further Education Loans (Amendment) Regulations 2017 (S.I. 2017/336), regs. 1, 4

(1)

OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) p475).