SCHEDULEE+W

PART 2E+WQualifying Persons

[F1United Kingdom nationalsE+W

10C.—(1) A person—

(a)who is—

(i)a United Kingdom national on the first day of the first academic year of the course; or

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

(b)who is undertaking the course in the United Kingdom;

(c)who has been ordinarily resident in the specified British overseas territories for at least part of the three year period preceding the first day of the first academic year of the course;

(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 first day of the first academic year of the course; 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 2(2).]

Textual Amendments