Persons who are settled in the United KingdomU.K.
[F12.—(1) A person—U.K.
(a)who on the first day of the first academic year of the course—
(i)is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;
(ii)is ordinarily resident in England; and
(iii)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(b)subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (b) 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
F1Sch. 1 para. 2 substituted (12.6.2017) by The Education (Postgraduate Masters Degree Loans) (Amendment) Regulations 2017 (S.I. 2017/594), regs. 1(1), 2(7)(a)
3. A person who—U.K.
(a)is settled in the United Kingdom by virtue of having acquired the right of permanent residence;
(b)is ordinarily resident in England on the first day of the first academic year of the course;
(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the 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).