[F110A.—(1) A person with protected rights—E+W
(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 attending or undertaking a designated course in Wales;
(c)who has been ordinarily resident in the territory comprising the United Kingdom, F2... the European Economic Area [F3, Switzerland and the overseas territories] 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 the United Kingdom, F4... the European Economic Area [F5, Switzerland and the overseas territories] 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 the United Kingdom, F6... the European Economic Area [F7, Switzerland and the overseas territories] in accordance with paragraph 1(4).]
Textual Amendments
F1Sch. 1 paras. 10A-10D inserted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 170 (with reg. 2)
F2Word in Sch. 1 para. 10A(1)(c) omitted (22.2.2023) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 63(g)(i)(aa) (with reg. 2)
F3Words in Sch. 1 para. 10A(1)(c) substituted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 63(g)(i)(bb) (with reg. 2)
F4Word in Sch. 1 para. 10A(1)(d) omitted (22.2.2023) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 63(g)(ii)(aa) (with reg. 2)
F5Words in Sch. 1 para. 10A(1)(d) substituted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 63(g)(ii)(bb) (with reg. 2)
F6Word in Sch. 1 para. 10A(2) omitted (22.2.2023) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 63(h)(i) (with reg. 2)
F7Words in Sch. 1 para. 10A(2) substituted (22.2.2023) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2023 (S.I. 2023/87), regs. 1(2), 63(h)(ii) (with reg. 2)