Citation, commencement and application

1. These Regulations may be cited as the Higher Education (Fee Limit Condition) (England) Regulations 2017 and come into force on 1st April 2018, immediately after the coming into force of section 10 of the Higher Education and Research Act 2017.

[^F1 1A. These Regulations apply to English higher education providers.^F1]

Interpretation

2. In these Regulations—

(a) “ the Act ” means the Higher Education and Research Act 2017 ;

(b) “ academic year ” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins, according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and before 31st December, respectively;

[^F2 (ba) “allied health profession subject” means chiropody, a dental profession subject, dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy or speech and language therapy;

[^F3 (bza) “ the course start date ” means the day on which the first term of the first academic year of a course actually begins; ^F3]

(bb) “dental profession subject” means dental hygiene, dental therapy and dental hygiene or dental therapy;

[^F4 (bbzza) “ immigration rules ” has the meaning given in section 33(1) of the Immigration Act 1971 ; ^F4]

[^F5 (bbza) “person granted indefinite [^F6 leave to enter or remain ^F6] as a bereaved partner” means a person—

(i)granted indefinite [^F7 leave to enter or remain^F7] in the United Kingdom ^F8... ^F9...—

[^F10 (aa)[^F11 under paragraph BP 11.1 of Appendix Bereaved Partner of the immigration rules^F11] ;

(bb)where such leave was granted before the coming into force of Appendix Bereaved Partner, [^F12 under paragraph 288 of the immigration rules^F12] , as a person in relation to whom the requirements of paragraph 287(b) of those rules were met (bereaved partners);

(cc)where such leave was granted before the coming into force of Appendix Bereaved Partner, [^F13 under paragraph 295N of the immigration rules^F13] , as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);

(dd)where such leave was granted before the coming into force of Appendix Bereaved Partner, [^F14 under paragraph D-BPILR.1.1 of Appendix FM (bereaved partners) of the immigration rules^F14] ; ^F15...

(ee)where such leave was granted before the coming into force of Appendix Bereaved Partner, [^F16 under paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces) of the immigration rules^F16] ;^F10]

[^F17 (ff)under paragraph AF (GHK) 14.1 of Appendix GHK of the immigration rules, as a bereaved partner; or

(gg)where such leave was granted prior to 5th October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1st July 1997;^F17] and

(ii)who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;^F5]

[^F18 (bba) “person granted indefinite [^F19 leave to enter or remain ^F19] as a victim of domestic violence or domestic abuse” means a person—

(i)granted indefinite [^F19 leave to enter or remain^F19] in the United Kingdom under any of the following provisions of the immigration rules ^F20...—

[^F21 (aa)paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or

(bb)where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);^F21]

(ii)who has been ordinarily resident in the United Kingdom and the Islands since the person was granted such leave;^F18]

[^F22 (bbaa) “ person granted leave under one of the Afghan Schemes ” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

[^F23 “ person granted leave under one of the Ukraine Schemes ” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme [^F24 , a person granted leave under the Ukraine Permission Extension Scheme ^F24] or a person granted leave under the Ukraine Family Scheme; ^F23]

(bbab) “ person granted leave under the Afghan Citizens Resettlement Scheme ” means a person—

(i)who has—

(aa)indefinite leave to enter or remain in the United Kingdom, outside the immigration rules ^F25..., on the basis of the Afghan Citizens Resettlement Scheme; [^F26 and^F26]

^F27(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;^F22]

(bbac) [^F28 “ person granted leave under the Afghan Relocations and Assistance [^F29 Policy ^F29] Scheme ” means a person—

(a)who has —

(i)indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the [^F30 immigration rules^F30] , having been relocated to the United Kingdom pursuant to paragraph [^F31 276BB1(iii)(a)^F31] of the [^F32 immigration rules^F32] ;

[^F33 (ia)indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;^F33]

(ii)leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance [^F29 Policy^F29] Scheme; [^F34 or^F34]

(iii)indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance [^F29 Policy^F29] Scheme; [^F35 and^F35]

^F36(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;^F28]

[^F37 “ person granted leave under the Homes for Ukraine Sponsorship Scheme ” means a person—

(a)who has leave to enter or remain in the United Kingdom—

(i)under paragraph UKR 19.1 of Appendix Ukraine Scheme of the [^F38 immigration rules^F38] ; or

(ii)outside the [^F39 immigration rules^F39] where the person—

(aa)was residing in Ukraine immediately before 1st January 2022; and

(bb)left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(b)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Extension Scheme ” means a person—

(a)who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the [^F40 immigration rules^F40] ; and

(b)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“ person granted leave under the Ukraine Family Scheme ” means a person—

(a)who has leave to enter or remain in the United Kingdom—

(i)under paragraph UKR 9.1 of Appendix Ukraine Scheme of the [^F41 immigration rules^F41] ; or

(ii)outside the [^F42 immigration rules^F42] where the person—

(aa)was residing in Ukraine immediately before 1st January 2022; and

(bb)left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(b)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;^F37]

[^F43 “ person granted leave under the Ukraine Permission Extension Scheme ” means a person—

(a)who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and

(b)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;^F43]

[^F44 (bbb) “person granted Calais leave” means a person who—

(i) has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules ^F45 ...; and

(ii)has been ordinarily resident in the United Kingdom and the Islands since the person was [^F46 granted such leave to remain^F46] ;^F44]

(bc) “pre-registration course” means an education and training programme leading to a qualification, the standard of which is not higher than a first degree course and which qualification is a condition of inclusion in the register (or, as the case may be, the relevant part or parts of the register) maintained by—

(i)the Health and Care Professions Council, for operating department practice and allied health profession subjects other than dental profession subjects;

(ii)the Nursing and Midwifery Council, for midwifery or nursing;

(iii)the General Dental Council, for dental profession subjects;

(iv)the Health and Care Professions Council and the Nursing and Midwifery Council, for nursing and social work;^F2]

(c) “ register ” means the register maintained by the Office for Students under section 3 of the Act; and

(d) ^M2 “ single course ” means a course to which regulation 5(8) of the Education (Student Support) Regulations 2011 applies and which falls within the description of a course in that regulation.

Prescribed Registered Higher Education Provider

3. A higher education provider registered in the ‘Approved (fee cap)’ part of the register is prescribed for the purposes of section 10(1) of the Act.

Qualifying Person

4.—(1) Subject to [^F47paragraphs (3) and (6)^F47] and regulations 5 and 6, a qualifying person is a person who [^F48—

(a)falls within a settled category or a protected category—

(i)on the course start date, where the relevant academic year is the first academic year of the person’s course, or

(ii)otherwise, on the first day of a relevant academic year;

(b)falls within a prescribed category on the first day of a relevant academic year.^F48]

(2) Paragraph (1) includes a person who undertakes a qualifying course in an academic year which began before [^F491st September 2023^F49] but who nevertheless falls within [^F50a settled category, a protected category or a prescribed category^F50] on the first day of an academic year commencing on or after that date.

(3) Paragraph (1) does not apply to a person ineligible for support by reason of regulations 4(3)(c), (d), (e), (f) or (g), 4(4), 137(3) and 137(4) of the Education (Student Support) Regulations 2011.

[^F51 (4) In this regulation, subject to paragraph (6), “prescribed category” means any category of persons described—

(a)in paragraphs 3, ^F52... 4, ^F53... 7A, 8A, ^F54... 10A, 10B, [^F55 10BA,^F55] 10C, 10D, 10E, 11A, 12A, 13A and 14 in Part 2 of the Schedule; or

(b)in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of the Schedule, where paragraph (5) applies.

(5) This paragraph applies where—

(a) in connection with a qualifying course beginning before 1st August 2021, a person (“A”) was a qualifying person by virtue of falling within any category of persons described in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of the Schedule in relation to an academic year beginning before 1st August 2021; and

(b)A is undertaking an academic year of that qualifying course, or of a qualifying course to which A transfers from that qualifying course.^F51]

[^F56 (6) In relation to a qualifying course which begins on or after 1st January 2028, paragraph (4) has effect as if sub-paragraph (a) did not mention paragraphs [^F57 9A, 10B, 10BA and 10E^F57] in Part 2 of the Schedule.^F56]

[^F58 (6A) For the purposes of this regulation, where—

(a)a person becomes, after the course start date or on the first day of an academic year of the course, a person who no longer falls within a paragraph of the Schedule as a result of that person’s leave to remain, or the leave to remain of that person’s spouse, civil partner or parent, as the case may be, having expired; and

(b)further leave to remain has been granted or the person whose leave to remain has expired has become a British or Irish citizen,

the person who would otherwise no longer fall within a paragraph of the Schedule is to be treated as falling within the paragraph of the Schedule in which they previously fell for the remainder of the duration of the course.^F58]

[^F59 (7) Where a protected category event occurs in relation to a person after the course start date, paragraph (8) applies for the purposes of determining whether the person falls within a [^F60 protected^F60] category on the first day of the relevant academic year.

(8) The person is, for the purposes of determining whether they satisfy any requirement in Part 2 of the Schedule that they are ordinarily resident in the United Kingdom on the course start date, to be treated as if the person was, on the course start date, lawfully residing in the place where the person was residing on that date.

(9) For the purposes of this regulation—

“ protected category ” means any category of persons described in paragraph 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H or 6 of Part 2 of the Schedule;

“ protected category event ” means an event specified in regulation 6(2)(b), (i), (j), (k), (l), (m) or (n);

“ relevant academic year ” means an academic year beginning on or after 1st September 2023;

“ settled category ” means any category of persons described in paragraph 3A or 9A of Part 2 of the Schedule. ^F59]

Qualifying person: exceptions

5.—(1) A person is not a qualifying person if—

(a)the person holds a higher education qualification; and

(b)the qualifying course leads to a qualification which is an equivalent or lower qualification.

[^F61 (1A) A person is not a qualifying person if—

(a)the current course is a course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) of the Education (Student Support) Regulations 2011; and

(b)the person has completed a previous course falling within regulation 2(1ZA)(e), (f), (g), (h) or (i) of those Regulations and achieved the intended qualification.^F61]

(2) But paragraph (1) does not apply—

(a)where—

(i)^F62the qualifying course is a course for the initial training of teachers ...;

(ii)the duration of a full-time course does not exceed two years; or

(iii)the duration of a part-time course does not exceed four years; and

(iv)the qualifying person is not a qualified teacher; or

(b)in respect of any part of a single course where—

(i)the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom before the final degree or equivalent qualification; and

(ii)the qualifying person only has an honours degree which was received as part of that single course; or

(c)where the qualifying course is a foundation degree.

^F63(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this regulation—

(a) Subject to paragraphs (3)(b) to (3)(e) “ equivalent or lower qualification ” has the meaning given in regulation 2 of the Education (Student Support) Regulations 2011 ;

(b)but a qualification is not an equivalent or lower qualification where it relates to a part-time course—

(i)which is a course in [^F64engineering and technology or computing^F64] (or a combination of those subjects);

(ii)which leads to an honours degree; and

(iii)in respect of which the student begins the course on or after 1 August 2015.

(c)a qualification is not an equivalent or lower qualification where it relates to a part-time course—

[^F65 (i)which is a course in agriculture, food and related studies, biological and sport studies, ^F66... [^F67 geography, earth^F67] and environmental studies, mathematical sciences, medicine and dentistry, physical sciences, psychology, subjects allied to medicine or veterinary sciences (or a combination of those subjects);^F65]

(ii)which leads to an honours degree; and

(iii)in respect of which the student begins the course on or after 1 August 2017.

[^F68 (d)a qualification is not an equivalent or lower qualification where—

(i)it relates to a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice;

(ii)that course commenced on or after 1st August 2017 (or in the case of a course in a dental profession subject, commences on or after 1st August 2018); and

(iii)the qualification falls within sub-paragraph (da);

(da)a qualification falls within this sub-paragraph if—

(i)it leads to an ordinary or an honours degree;

(ii)in respect of a course in a dental profession subject, it leads to an ordinary degree, an honours degree, a diploma or a foundation degree; or

(iii)in respect of a course in operating department practice, it leads to an ordinary degree, an honours degree or a diploma;^F68]

(e) ^M3 “ qualified teacher ” has the meaning given in section 132(1) of the Education Act 2002 but does not include any person who—

(i) ^M4 is a qualified teacher by virtue of paragraph 13B of Schedule 2 to the Education (School Teachers' Qualifications) (England) Regulations 2003 (“ the 2003 Regulations ”); and

(ii)has not been assessed by an accredited institution within the meaning of regulation 11 of the 2003 Regulations as meeting the specified standards within the meaning of paragraph 1 of Schedule 2 to the 2003 Regulations.

^F69(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F70 (g) “ course for the initial training of teachers ” has the same meaning as in regulation 2(1) of the Education (Student Support) Regulations 2011 . ^F70]

Qualifying person: effect of event during academic year

6.—(1) Where an event specified in paragraph (2) occurs in the course of an academic year which results in a person falling within Part 2 of the Schedule to these Regulations in the course of that academic year, that person is not a qualifying person in respect of the academic year in which the event occurred.

(2) The events are—

(a)the student's course becomes a designated course;

(b)the student or the student's spouse, civil partner or parent is recognised as a refugee or becomes [^F71a person granted stateless leave or^F71] a person granted humanitarian protection;

^F72(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F73 (d)the student becomes a family member described in paragraph 10A(1)(a), 10B(1)(a), 10C(1)(a), 10D(1)(a) or 10E(1)(a) in Part 2 of the Schedule;^F73]

[^F74 (da)the student becomes a person described in paragraph 3 in Part 2 of the Schedule;

(db)the student becomes a person described in paragraph 3A in Part 2 of the Schedule;^F74]

[^F75 (e)the student becomes a person described in paragraph 4(a) of Part 2 of the Schedule;^F75]

^F76(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)^F78the student becomes a person described in [^F77paragraph 7A(1)(a) in Part 2 of the Schedule^F77] of Part 2 of the Schedule; ...

[^F79 (ga)the student becomes a person described in paragraph 10C in Part 2 of the Schedule;^F79]

[^F80 (h)the student becomes a person described in paragraph 12A(a) in Part 2 of the Schedule;^F80]

[^F81 (i)the student becomes a person granted section 67 leave;^F81]

[^F82 (j)the student [^F83 or the student’s parent^F83] becomes a person granted indefinite [^F84 leave to enter or remain^F84] as a victim of domestic violence or domestic abuse; ^F85...^F82]

[^F86 (k)the student becomes a person granted Calais leave;^F86]

[^F87 (l)the student [^F88 or the student’s parent^F88] becomes a person granted indefinite [^F89 leave to enter or remain^F89] as a bereaved partner;^F87]

[^F90 (m)the student [^F91 or the student’s spouse, civil partner or parent^F91] becomes a person granted leave under [^F92 one of the Afghan Schemes^F92] ,^F90][^F93 or^F93]

[^F94 (n)the student [^F95 or the student’s spouse, civil partner or parent^F95] becomes a person granted leave under one of the Ukraine Schemes.^F94]

Qualifying course

7.—(1) For the purposes of section 10(6) of the Act, but subject to paragraph (2), a qualifying course is a higher education course which—

(a)^M5is designated for the purposes of section 22 of the Teaching and Higher Education Act 1998 on the first day of an academic year which begins during the payment period; and

(b)is provided by a higher education provider whose activities are wholly or principally carried on in England.

[^F96 (1A)[^F97 Paragraph (2)(a)^F97] applies only where the first academic year (as defined in regulation 2(b)) of a course begins on or after 1st September 2019.^F96]

(2) A course is not a qualifying course if

[^F98 (a) ^F98] at the time the qualifying person received an offer of a place on that course the higher education provider was not within the ‘Approved (fee cap)’ part of the register[^F99 ; or

(b)the course is a full-time or part-time postgraduate course of initial teacher training undertaken in England and leading to qualified teacher status in England^F99]

Regulation 5

SCHEDULE

PART 1 Interpretation

Interpretation: general

1.—(1) In this Schedule—

[^F100 “the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 ; ^F100]

^M6 “ Directive 2004/38 ” means Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“ EEA Agreement ” means the European Economic Area Agreement signed at Porto on 2 May 1992 and which came into force on 1 January 1994;

[^F101 “EEA EFTA separation agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020 ; ^F101]

“ EEA frontier self-employed person ” means an EEA national who—

“ EEA frontier worker ” means an EEA national who—

“ EEA migrant worker ” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

^F102 “ EEA national ” means a national of an EEA State ...;

“ EEA self-employed person ” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

“ employed person ” means an employed person within the meaning of Annex 1 to the Swiss Agreement;

“ employment ” means full-time or part-time employment;

“ European Community ” means the territory comprised by the Member States of the European Community as was constituted from time to time;

“ EU national ” means a national of a Member State of the European Union;

“ European Economic Area ” means the area comprised by the EEA States;

[^F103 “ evacuated or assisted British national from Afghanistan ” means a person—

“ family member ” means—

“ the Islands ” means the Channel Islands and the Isle of Man;

^F108,F111 “ overseas territories ” means Anguilla; ... Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; [^F109 the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); ^F109] Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; [^F110 Gibraltar; ^F110] Mayotte; Greenland; Montserrat; ... Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; [^F112 St Helena, Ascension and Tristan da Cunha ^F112] ; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands and Wallis and Futuna;

[^F113 “parent” means a parent, guardian or any other person having parental responsibility for a child, and “child” is to be construed accordingly;

“person granted stateless leave” means a person who—

[^F115 “person with protected rights” means—

[^F101 “residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020 ; ^F101]

^F120...

“ self-employed person ” means—

“ settled ” has the meaning given by section 33(2A) of the Immigration Act 1971

^M7[^F121 “specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; [^F122 St Helena, Ascension and Tristan da Cunha ^F122] ; and Turks and Caicos Islands; ^F121]

^M8 “ Swiss Agreement ” means the Agreement between the European Community and its Member States of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21 ^st June 1999 and which came into force on 1 June 2002 ;

[^F101 “Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020 ; ^F101]

“ Swiss employed person ” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

“ Swiss frontier employed person ” means a Swiss national who—

“ Swiss frontier self-employed person ” means a Swiss national who—

“ Swiss self-employed person ” means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

[^F123 “United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement; ^F123]

“ worker ” means a worker within the meaning of Article 7 of Directive 2004 /38 or the EEA Agreement, as the case may be.

[^F124 (1A) For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004 /38 is to be read as including the United Kingdom.

(1B) For the purposes of this Schedule, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a)Article 10 (personal scope) of the EU withdrawal agreement;

(b)Article 9 (personal scope) of the EEA EFTA separation agreement; or

(c)Article 10 (personal scope) of the Swiss citizens’ rights agreement.^F124]

(2) In this Schedule, an area [^F125other than the United Kingdom or Gibraltar^F125] which—

(a)was previously not part of the European Union or the European Economic Area; but

(b)at any time before or after these Regulations come into force has become part of one or the other or both of those areas,

is to be considered to have always been a part of the European Economic Area.

Interpretation: ordinarily resident

2.—(1) This paragraph applies for the purposes of this Schedule to determine whether a person is to be treated as ordinarily resident in a given place.

(2) A person (“A”) is to be treated as ordinarily resident in the United Kingdom, the United Kingdom and Islands[^F126 , the territory comprising the United Kingdom, the Islands and the Republic of Ireland ^F126] , in [^F127 the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland ^F127] , in [^F128 the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories ^F128][^F129 , the territory comprising the United Kingdom, the Islands and the specified British overseas territories ^F129] , or in [^F130 the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories ^F130] if A would have been so resident but for the fact that—

(a)A;

(b)A's spouse or civil partner;

(c)A's parent; or

(d)in the case of a dependent direct relative in the ascending line, A's child or child's spouse or civil partner,

is or was temporarily employed outside the area in question.

^F131(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place.

(5) In sub-paragraph (2)—

^F132(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) “ temporarily employed ” includes in the case of members of the regular naval, military or air forces of—

(i)the Crown, any period which they serve outside the United Kingdom as members of such forces;

[^F133 (ia)the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;^F133]

(ii)an EEA State or Switzerland, any period which they serve outside the territory comprising [^F134the United Kingdom, Gibraltar,^F134] the European Economic Area and Switzerland as members of such forces; and

(iii)Turkey, any period which they serve outside the territory comprising [^F134the United Kingdom, Gibraltar,^F134] the European Economic Area, Switzerland and Turkey as members of such forces.

PART 2 Qualifying Persons

Persons who are settled in the United Kingdom

^F1353.—(1) A person who ...—

[^F136 (a)is settled in the United Kingdom and does not fall within paragraph 4;^F136]

(b)is ordinarily resident in the United Kingdom [^F137on the first day of the first academic year of the course^F137] ;

(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)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) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 2(2).

[^F138 3A.—(1) A person—

(a)who is settled in the United Kingdom ^F139... and does not fall within paragraph 4;

(b)who is ordinarily resident in the United Kingdom [^F140 on [^F141 the course start date^F141,F140]] ;

(c)who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the Republic of Ireland 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, the Islands and the Republic of Ireland 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, the Islands and the Republic of Ireland in accordance with paragraph 2(2).^F138]

4.[^F142—(1)^F142] A person who—

[^F143 (a)meets one of the following conditions on the first day of an academic year of the course—

(i)the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

(ii)the person—

(aa)is within the personal scope of the citizens’ rights provisions;

(bb)is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; and

(cc)would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave;

(iii)the person—

(aa)is within the personal scope of the citizens’ rights provisions;

(bb)is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations [^F144 or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)^F144] ; and

(cc)has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period [^F145 or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3)^F145] ; or

(iv)the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;^F143]

(b)is ordinarily resident in the United Kingdom 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 residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, the person was ordinarily resident in the territory comprising [^F146the United Kingdom,^F146] the European Economic Area, Switzerland and the overseas territories immediately before the period of residence referred to in paragraph (c).

[^F147 (2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules ^F148....^F147]

[^F149 (3) For the purposes of sub-paragraph (1)(a)(iii), the citizens’ rights provisions referred to are—

(a)Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;

(b)Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c)Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.^F149]

Refugees and their family members

5.—(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;

(c)is ordinarily resident in the United Kingdom on [^F150the course start date^F150] .

(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 applied for asylum;

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

(d)is ordinarily resident in the United Kingdom on [^F151the course start date^F151] .

(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 applied 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 years of age on the date on which the refugee applied for asylum;

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

(e)is ordinarily resident in the United Kingdom on [^F152the course start date^F152] .

^M9,M10 (4) In this paragraph, “ refugee ” means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 ^th July 1951 as extended by the Protocol thereto which entered into force on 4 ^th October 1967 .

[^F153Persons granted stateless leave and their family members

5A.—(1) A person granted stateless leave, who is ordinarily resident in the United Kingdom on [^F155 the course start date^F155] .^F154]

(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 the person granted stateless leave;

[^F156 (b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(c)who is ordinarily resident in the United Kingdom on [^F157 the course start date^F157] .^F156]

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

(b)who was under 18 years of age on the leave application date;

[^F158 (c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(d)who is ordinarily resident in the United Kingdom on [^F159 the course start date^F159] .^F158]

(4) In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules ^F160 .... ^F153]

[^F161Persons granted section 67 leave

5B. A person who—

(a) has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016 , or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; [^F162 and ^F162]

[^F163 (b)is ordinarily resident in the United Kingdom on [^F164 the course start date^F164] .^F163,F161]]

[^F165Persons granted indefinite [^F166leave to enter or remain^F166] as a victim of domestic violence or domestic abuse [^F167and their children^F167]

5C.—(1) A person granted indefinite [^F169 leave to enter or remain^F169] as a victim of domestic violence or domestic abuse, who is ordinarily resident in the United Kingdom on [^F170 the course start date^F170] .^F165]

[^F171 (2) A person—

(a)granted indefinite leave to enter or remain;

(b)who—

(i)is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; and

(ii)on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse;

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

(d)who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e)who is ordinarily resident in the United Kingdom on the course start date.

(3) In this paragraph, “ leave application date ” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules. ^F171]

Persons granted Calais leave

[^F172 5D. A person granted Calais leave, who is ordinarily resident in the United Kingdom on [^F173 the course start date^F173] .^F172]

[^F174Persons granted indefinite [^F175leave to enter or remain^F175] as a bereaved partner [^F176and their children^F176]

5E.—(1) A person granted indefinite [^F178 leave to enter or remain^F178] as a bereaved partner, who is ordinarily resident in the United Kingdom on [^F179 the course start date^F179] .^F174]

[^F180 (2) A person—

(a)granted indefinite [^F181 leave to enter or remain^F181] ;

(b)who—

(i)is the child of a person granted indefinite [^F181 leave to enter or remain^F181] as a bereaved partner; and

(ii)on the leave application date, was the child of the person granted indefinite [^F181 leave to enter or remain^F181] as a bereaved partner;

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

(d)who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; and

(e)who is ordinarily resident in the United Kingdom on the course start date.

[^F182 (3) In this paragraph, “ leave application date ” means the date on which a person granted indefinite leave to enter or remain as a bereaved partner made an application to enter or remain in the United Kingdom on those grounds—

(a)under the immigration rules, or

(b)in the case of a person referred to in sub-paragraph (i)(gg) of regulation 2(bbza) (interpretation: person granted indefinite leave to enter or remain as a bereaved partner), outside the immigration rules.^F182,F180]]

[^F183Persons granted leave under one of the Afghan Schemes and their family members^F183]

5F.[^F184—(1)^F184] A person granted leave under [^F185one of the Afghan Schemes^F185] who is ordinarily resident in the United Kingdom on [^F186the course start date^F186] .

[^F187 (2) A person who—

(a)is the spouse or civil partner of a person granted leave under one of the Afghan Schemes;

(b)on the leave application date, was the spouse or civil partner of that person;

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

(d)is ordinarily resident in the United Kingdom on the course start date.

(3) A person who—

(a)is—

(i)the child of a person granted leave under one of the Afghan Schemes; or

(ii)the child of the spouse or civil partner of a person granted leave under one of the Afghan Schemes;

(b)on the leave application date, was—

(i)the child of the person granted leave under one of the Afghan Schemes; or

(ii)the child of a person who was the spouse or civil partner of a person granted leave under one of the Afghan Schemes on that date;

(c)was under 18 on the leave application date;

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

(e)is ordinarily resident in the United Kingdom on the course start date.

(4) In this paragraph “ leave application date ” means the date on which the person granted leave under one of the Afghan Schemes made an application for leave to enter or remain in the United Kingdom. ^F187]

[^F188Evacuated or assisted British nationals from Afghanistan

5G. An evacuated or assisted British national from Afghanistan who is ordinarily resident in the United Kingdom on the first day of [^F189 the course start date^F189] .^F188]

[^F190Persons granted leave under one of the Ukraine Schemes and their family members

5H.—(1) A person granted leave under one of the Ukraine Schemes, who is ordinarily resident in the United Kingdom on the course start date.

(2) A person who—

(a)is the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;

(b)on the leave application date, was the spouse or civil partner of that person;

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

(d)is ordinarily resident in the United Kingdom on the course start date.

(3) A person who—

(a)is—

(i)the child of a person granted leave under one of the Ukraine Schemes; or

(ii)the child of the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;

(b)on the leave application date, was—

(i)the child of the person granted leave under one of the Ukraine Schemes; or

(ii)the child of a person who was the spouse or civil partner of a person granted leave under one of the Ukraine Schemes on that date;

(c)was under 18 on the leave application date;

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

(e)is ordinarily resident in the United Kingdom on the course start date.

(4) In this paragraph “ leave application date ” means the date on which the person granted leave under one of the Ukraine Schemes made an application for leave to enter or remain in the United Kingdom. ^F190]

Persons granted humanitarian protection and their family members

6.[^F191—(1) A person granted humanitarian protection, who is ordinarily resident in the United Kingdom on [^F192 the course start date^F192] .^F191]

(2) A person who—

(a)is the spouse or civil partner of a person granted humanitarian protection;

(b) was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”);

[^F193 (c)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(d)is ordinarily resident in the United Kingdom on [^F194 the course start date^F194] .^F193]

(3) A person who—

(a)is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;

(b)on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;

(c)was under 18 years of age on the asylum application date;

[^F195 (d)is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e)is ordinarily resident in the United Kingdom on [^F196 the course start date^F196] .^F195]

(4) In this paragraph, “ person granted humanitarian protection ” means a person—

(a)^F197who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules ...;

(b)^M11whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002) ;

(c)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain.

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

7.—(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 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 paragraph (iv) or (v);

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

(c)has been ordinarily resident in the territory comprising [^F198the United Kingdom,^F198] the European Economic Area, Switzerland and the overseas territories 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 falls within paragraph (a)(iv), (a)(v) or (a)(vi) of that sub-paragraph.

[^F199 7A.—(1) A person with protected rights, or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, 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 the United Kingdom on the first day of the first academic year of the course; and

(c)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories 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 falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

(3) In this paragraph, a description of a person in sub-paragraph(1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.^F199]

8.[^F200—(1)^F200] A person who—

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

(b)has been ordinarily resident in the territory comprising [^F201the United Kingdom,^F201] the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(c)^M12is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers, as extended by the EEA Agreement.

[^F202 (2) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.^F202]

[^F203 8A.—(1) A person with protected rights who—

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

(b)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories 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 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day.

(2) For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—

(a) the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland; and

(b) the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly. ^F203]

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

9.—(1) A person who—

(a)is settled in the United Kingdom;

(b)was ordinarily resident in the United Kingdom and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence [^F204before IP completion day^F204] ;

(c)is ordinarily resident in the United Kingdom on [^F205the course start date^F205] ;

(d)has been ordinarily resident in the territory comprising [^F206the United Kingdom,^F206] the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(e)in a case where the ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full-time education, the person was ordinarily resident in the territory comprising [^F207the United Kingdom, Gibraltar,^F207] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).

(2) In this paragraph, a person has exercised a right of residence if the 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 [^F208had the right^F208] 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 has a right of permanent residence, if the person [^F209has gone^F209] to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which a person in relation to whom the person is a family member is a national.

[^F210 (3) For the purposes of sub-paragraph (2), 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.^F210]

[^F211 9A.—(1) A person who—

(a)is settled in the United Kingdom;

(b)was ordinarily resident in the United Kingdom and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day;

(c)was ordinarily resident immediately before IP completion day—

(i)in the territory comprising the European Economic Area, Switzerland and the overseas territories; or

(ii)in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area, Switzerland and the overseas territories,

and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

(d)is ordinarily resident in the United Kingdom on [^F212 the course start date^F212] ;

(e)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(f)in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purposes 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 (e).

(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 had 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 had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

(3) For the purposes of sub-paragraph (2), 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.^F211]

EU nationals [^F213etc.^F213]

10.—(1) A person who—

(a)is either—

(i)an EU national on the first day of an academic year of the course; or

(ii)a family member of such a person;

(b)is undertaking the course in the United Kingdom;

(c)has been ordinarily resident in the territory comprising [^F214the United Kingdom,^F214] the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d)whose ordinary residence in the relevant territory 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.

[^F215 (2) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a)is—

(i)a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or

(ii)an EU national; and

(b)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.^F215]

(3) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the [^F216relevant territory^F216] in accordance with paragraph (2)(2).

[^F217 (4) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.^F217]

[^F218 10A.—(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 the course in the United Kingdom;

(c)who, subject to sub-paragraph (2), has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, 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 (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, 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 (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a)is an EU national or a relevant person of Northern Ireland; and

(b)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

(3) 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, the European Economic Area, Switzerland and the overseas territories in accordance with paragraph 2(2).

United Kingdom nationals

10B.—(1) A person—

(a)who is—

(i)a United Kingdom national on the first day of an academic year of the course; or

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

(b)who was ordinarily resident immediately before IP completion day—

(i)in the territory comprising the European Economic Area, Switzerland and the EU overseas territories; or

(ii)in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area, Switzerland and the EU overseas territories,

and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the EU overseas territories throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

(c)who is undertaking the course in the United Kingdom;

(d)who, subject to sub-paragraph (2), has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(e)subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to the family member of a United Kingdom national, where that United Kingdom national—

(a)had, before IP completion day, exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; and

(b)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

(3) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with paragraph 2(2).

(4) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).

(5) In this paragraph, “EU overseas territories” means Aruba; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna.

[^F219 10BA.—(1) A person—

(a)who is an Irish citizen on the first day of an academic year of the course;

(b)who was ordinarily resident immediately before IP completion day—

(i)in the territory comprising the European Economic Area, Switzerland and the EU overseas territories; or

(ii)in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area, Switzerland and the EU overseas territories,

and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the EU overseas territories throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

(c)who is undertaking the course in the United Kingdom;

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

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

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

(3) In this paragraph, “EU overseas territories” means Aruba; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna. ^F219]

10C.—(1) A person—

(a)who is—

(i)[^F220 Subject to paragraphs (3) and (4),^F220] [^F221 a person who is settled in the United Kingdom^F221] ^F222 ...; ^F223...

(ii)a family member of a person mentioned in sub-paragraph (i) [^F224 , or who would be such a person if they were ordinarily resident in the United Kingdom^F224] ; [^F225 or

(iii)a person who is a British citizen and who—

(aa)was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb)is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;^F225]

(b)who is undertaking the course in the United Kingdom;

(c)who has been ordinarily resident in the specified British overseas territories for at least part of the three year period preceding the first day of the first academic year of the course;

(d)who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

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

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 2(2).

[^F226 (3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first academic year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4) Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.^F226]

10D.—(1) A person—

(a)who is a family member of a person who is [^F227 settled in the United Kingdom^F227] on the first day of the first academic year of the course;

(b)who is undertaking the course in the United Kingdom;

(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; and

(d)subject to sub-paragraph (2), whose ordinary 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 2(2).

Persons resident in Gibraltar

10E.—(1) A person—

(a)who is—

(i)a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

(ii)a family member of a United Kingdom national, where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

(iii)an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

(iv)a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

(b)who is undertaking the course in the United Kingdom;

(c)who, subject to sub-paragraph (2), has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, 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 (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, 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 (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a)is an EU national or a relevant person of Northern Ireland; and

(b)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

(3) 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, the European Economic Area, Switzerland and the overseas territories in accordance with paragraph 2(2).^F218]

[^F228EU nationals ordinarily resident in the United Kingdom and Islands^F228]

11.—(1) A person who—

(a)^F229is an EU national ... on the first day of the first academic year of the course;

(b)is ordinarily resident in the United Kingdom 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 ordinary residence referred to in paragraph (c) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising [^F230the United Kingdom,^F230] the European Economic Area, Switzerland and the overseas territories immediately prior to the period of ordinary residence referred to in that paragraph.

(2) Where a state accedes to the European Union 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) is treated as being satisfied.

[^F231 11A. 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 the United Kingdom 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, the European Economic Area, Switzerland and the overseas territories immediately prior to the period of ordinary residence referred to in paragraph (c).^F231]

Children of Swiss nationals

12.[^F232—(1)^F232] 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 the United Kingdom on the first day of the first academic year of the course;

(c)has been ordinarily resident in the territory comprising [^F233the United Kingdom,^F233] the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d)in a case where the ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, the person was ordinarily resident in the territory comprising [^F234the United Kingdom, Gibraltar,^F234] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

[^F235 (2) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.^F235]

[^F236 12A. A person with protected rights who—

(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement;

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

(c)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories 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 prior to the period of ordinary residence referred to in paragraph (c).^F236]

Children of Turkish Workers

13.—(1) A person who—

(a)is the child of a Turkish worker;

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

(c)has been ordinarily resident in the territory comprising [^F237the United Kingdom,^F237] the European Economic Area, Switzerland, Turkey and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

(2) In sub-paragraph (1)(a), “ Turkish worker ” means a Turkish national who—

(a)is ordinarily resident in the United Kingdom; and

(b)is, or has been, lawfully employed in the United Kingdom.

[^F238 13A. A person who—

(a) is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day;

(b)immediately before IP completion day—

(i)was the child of T; and

(ii)was ordinarily resident in the United Kingdom;

(c)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(d)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.^F238]

Long residence

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

(a)is either—

(i)under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or

(ii)aged 18 years old or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either—

(aa)half their life; or

(bb)a period of twenty years;

(b)is ordinarily resident in the United Kingdom;

(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)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 (2)(2).