1A

Paragraph (c) of sub-paragraph (1) does not apply to a family member of an EU national where that EU national—

a

is—

i

a United Kingdom national who has exercised a right to reside in the territory of another Member State under article 7(1) of Directive 2004/38; or

ii

not a United Kingdom national; and

b

has been ordinarily resident in the territory comprising 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.