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The Education (Postgraduate Master's Degree Loans) (Wales) Regulations 2017

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PART 2WCategories

Persons who are settled in the United KingdomW

2.—(1) A person who on the first day of the first academic year of the course—

(a)is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;

(b)is ordinarily resident in Wales;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(d)subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).

3.  A person who—W

[F1(a)either—

(i)is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or

(ii)falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;]

(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 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 sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F2the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in sub-paragraph (c).

Textual Amendments

Refugees and their family membersW

4.—(1) A person who—

(a)is a refugee;

(b)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was recognised as a refugee; and

(c)is ordinarily resident in Wales 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 refugee;

(b)was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;

(c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom; and

(d)is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) A person who—

(a)is the child of a refugee or the child of the spouse or civil partner of a refugee;

(b)on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;

(c)was under 18 on the date on which the refugee made the application for asylum;

(d)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to remain in the United Kingdom; and

(e)is ordinarily resident in Wales on the first day of the first academic year of the course.

[F3Protected persons and their family membersW

4ZA.—(1) A person—

(a)granted leave to enter or remain as a protected person;

(b)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was granted such leave; and

(c)is ordinarily resident in Wales 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 granted leave to enter or remain as a protected person;

(b)on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person; and

(c)is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) A person—

(a)who—

(i)is the child of a person granted leave to enter or remain as a protected person, or the child of the spouse or civil partner of a person granted leave to enter or remain as a protected person; and

(ii)on the leave application date, was the child of a person granted leave to enter or remain as a protected person or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person;

(b)who was under 18 on the leave application date; and

(c)who is ordinarily resident in Wales on the first day of the first academic year of the course.

(4) In this paragraph—

(a)“leave application date” means the date on which a person made an application for leave to enter or remain in the United Kingdom that results in a person becoming a person granted leave to enter or remain as a protected person;

(b)“person granted leave to enter or remain as a protected person” means a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules.]

Textual Amendments

[F4Persons granted stateless leave and their family membersW

4A.—[F5(1) A person granted stateless leave who is ordinarily resident in Wales on the first day of the first academic year of the course.]

(2) A person—

(a)who—

(i)is the spouse or civil partner of a person granted stateless leave; and

(ii)on the leave application date, was the spouse or civil partner of a person granted stateless leave; [F6and]

(b)who is ordinarily resident in Wales on the first day of the first academic year of the course[F7.]

F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person—

(a)who—

(i)is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii)on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b)who was under 18 on the leave application date; [F9and]

(c)who is ordinarily resident in Wales on the first day of the first academic year of the course[F10.]

F11(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this paragraph, “leave application date” means the date on which a person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules.]

Textual Amendments

Persons with leave to enter or remain and their family membersW

5.—(1) A person—

(a)with leave to enter or remain;

(b)who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2) A person—

(a)who is the spouse or civil partner of a person with leave to enter or remain;

[F12(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 first day of the first academic year of the course; and

(d)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding 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;

[F13(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;]

[F14(c)who was under 18 on the leave application date;]

(d)who is ordinarily resident in Wales on the first day of the first academic year of the course; and

(e)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

[F15(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

[F16Persons with section 67 leave to remainW

5A.—(1) A person who—

(a)is a person with section 67 leave to remain; [F17and]

(b)is ordinarily resident in Wales on the first day of the first academic year of the course[F18.]

F19(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A person who—

(a)is the child of a person with section 67 leave to remain;

(b)on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain; [F20and]

(c)is ordinarily resident in Wales on the first day of the first academic year of the course[F21.]

F22(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this paragraph, “leave application date” means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.]

Textual Amendments

Workers, employed persons, self-employed persons and their family membersW

6.—(1) A person who—

(a)is—

(i)an EEA migrant worker or an EEA self-employed person;

(ii)a Swiss employed person or a Swiss self-employed person;

(iii)a family member of a person mentioned in sub-paragraph (i) or (ii);

(iv)an EEA frontier worker or an EEA frontier self-employed person;

(v)a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)a family member of a person mentioned in sub-paragraph (iv) or (v);

(b)subject to sub-paragraph (2), is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c)has been ordinarily resident in the territory comprising [F23the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support under these Regulations falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

Textual Amendments

7.— [F24(1)]  A person who—W

(a)is ordinarily resident in Wales on the first day of the first academic year of the course;

(b)has been ordinarily resident in the territory comprising [F25the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(c)is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers M1, as extended by the EEA Agreement.

[F26(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.]

Textual Amendments

Marginal Citations

M1OJ No L257, 19.10.1968, p. 2 (OJ/SE 1968 (II) p. 475).

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereW

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 [F27before implementation period completion day];

(c)is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

(d)has been ordinarily resident in the territory comprising [F28the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(e)in a case where the person's ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full time education, was ordinarily resident in the territory comprising [F29the United Kingdom, Gibraltar,] 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 that person is 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 [F30had the 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, in the case of a person who is settled in the United Kingdom and [F30had the right] of permanent residence, if that person [F31has gone] to the state within the territory comprising the European Economic Area and Switzerland of which that person is a national or of which the person in relation to whom that person is a family member is a national.

[F32(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.]

Textual Amendments

EU nationalsW

9.—(1) A person F33...—

[F34(a)who, on the first day of the first academic year of the course, is—

(i)an EU national;

(ii)a United Kingdom national who has exercised a right of residence; or

(iii)the family member of a person in sub-paragraph (i) or (ii);]

(b)[F35who] is attending or undertaking a designated course in Wales; F36...

(c)[F37who] has been ordinarily resident in the territory comprising [F38the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising [F39the United Kingdom, Gibraltar,] the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising [F40the United Kingdom, Gibraltar,] the European Economic Area and Switzerland in accordance with paragraph 1(4).

(3) Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national on the first day of the first academic year of the course is treated as being satisfied.

(4) For the purposes of this paragraph, a United Kingdom national has exercised a right of residence if that person [F41has resided in Gibraltar or] 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.

[F42(5) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.]

Textual Amendments

10.—(1) A person who—W

(a)is an EU national F43... 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 [F44the United Kingdom, Gibraltar,] 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 EU 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 F45... on the first day of the first academic year of the course is treated as being satisfied.

Textual Amendments

Children of Swiss nationalsW

[F4611.—(1) A person who—

(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;

(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 territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period 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 United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Any description of person who would have been eligible under this paragraph immediately before implementation period completion day is to be eligible on and after implementation period completion day.]

Textual Amendments

Children of Turkish workersW

12.  A person who—

(a)is the child of a Turkish worker;

(b)is ordinarily resident in Wales on the first day of the first academic year of the course; and

(c)has been ordinarily resident in the territory comprising [F47the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Textual Amendments

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