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The Education (European Institutions) and Student Support (Wales) Regulations 2013
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Changes and effects yet to be applied to Schedule 1 Paragraph 8:
- Regulations revoked by S.I. 2014/1895 reg. 2
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 28(2)(i) inserted by S.I. 2013/1965 reg. 26(c)
Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereE+W
8.—(1) A person who—
(a)is settled in the United Kingdom;
(b)was ordinarily resident in Wales 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 Wales on the relevant date;
(d)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the relevant date; and
(e)in a case where the person’s ordinary residence referred to in paragraph (c) 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—
(a)that person is a United Kingdom national, a family member of 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
(b)in the case of a person who is settled in the United Kingdom and has a right of permanent residence, 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
I1Sch. 1 para. 8 in force at 23.4.2013, see reg. 2
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