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Version Superseded: 22/02/2023
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6A.—(1) A person with protected rights—
(a)who is—
(i)an EU national on the first day of the first academic year of the course,
(ii)a family member of a person mentioned in sub-paragraph (i), or
(iii)a family member of a relevant person of Northern Ireland,
(b)who is undertaking a designated course in Wales,
(c)who has been ordinarily resident in the territory comprising the 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
(d)whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the EEA 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 (unless the person is treated as being ordinarily resident in that territory in accordance with paragraph 9(2)).
(2) A person with protected rights who—
(a)is an EU 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 the United Kingdom, Gibraltar, the EEA and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).]
Textual Amendments
F1Sch. 2 paras. 6A-6D inserted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 138
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