http://www.legislation.gov.uk/id/wsi/2013/3177

SCHEDULE 1Eligible Students

PART 2Categories

EU nationals

10. (1)

A person who—

(a)

is an EU national other than a United Kingdom national on the first day of the first academic year of the course;

(b)

is ordinarily resident in Wales 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 immediately 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).

(2)

Where a state accedes to the European Union after the first day of the first academic year of the 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 first academic year of the course is treated as being satisfied.