SCHEDULES

SCHEDULE 2Categories of eligible student

Category 5 – Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere F10— courses beginning before 1 August 20215

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 F8before F4IP completion day,

c

is ordinarily resident in the United Kingdom on the day on which the course begins,

d

has been ordinarily resident in the territory comprising F9the United Kingdom, Gibraltar, the EEA 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 F7the United Kingdom, Gibraltar, the EEA 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 sub-paragraph (3) or (4) applies to the person.

3

This sub-paragraph applies to a person who is—

a

a United Kingdom national,

b

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

c

a person who F3had the right of permanent residence,

who 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.

4

This paragraph applies to a person (“P”)—

a

who is settled in the United Kingdom and F5had the right of permanent residence, and

b

who F1has gone to the state within the territory comprising the EEA and Switzerland of which P is a national or of which the person in relation to whom P is a family member is a national.

F65

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F26

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.