5.—(1) A person—E+W
(a)with leave to enter or remain;
(b)who is ordinarily resident in Wales on the relevant date; and
(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.
(2) A person—
(a)who is the spouse or civil partner of a person with leave to enter or remain;
[F1(b)who was the spouse or civil partner of the person with leave to enter or remain on the leave application date;]
(c)who is ordinarily resident in Wales on the relevant date; and
(d)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.
(3) A person—
(a)who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;
[F2(b)who, on the leave application date, was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;]
[F3(c)who was under 18 on the leave application date;]
(d)who is ordinarily resident in Wales on the relevant date; and
(e)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the relevant date.
[F4(4) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.]
Textual Amendments
F1Sch. 1 para. 5(2)(b) substituted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 45(b)(i)
F2Sch. 1 para. 5(3)(b) substituted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 45(b)(ii)
F3Sch. 1 para. 5(3)(c) substituted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 45(b)(iii)
F4Sch. 1 para. 5(4) inserted (30.7.2018) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/814), regs. 1(2), 45(b)(iv)
Commencement Information
I1Sch. 1 para. 5 in force at 5.12.2014, see reg. 1