5.—(1) A person—
(a)with leave to enter or remain; and
(b)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
(2) A person who—
(a)is the spouse or civil partner of a person with leave to enter or remain;
(b)was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made—
(i)the application for asylum; or
(ii)the application for discretionary leave, where no application for asylum was made; and
(c)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.
(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;
(b)who, on the date on which the person with leave to enter or remain made—
(i)the application for asylum; or
(ii)the application for discretionary leave, where no application for asylum was made,
was the child of that person 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;
(c)who was under 18 on the date on which the person with leave to enter or remain made—
(i)the application for asylum; or
(ii)the application for discretionary leave, where no application for asylum was made; and
(d)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.