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The Education (Student Support) (Wales) Regulations 2017

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  • Regulations text amended by S.I. 2020/143 reg. 2-17 (These amendments not applied to legislation.gov.uk. Affecting Regulations revoked (14.2.2020) without ever being in force by S.I. 2020/154, regs. 2, 3)

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PART 2E+WCategories

Persons who are settled in the United KingdomE+W

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).

Commencement Information

I1Sch. 1 para. 2 in force at 17.2.2017, see reg. 1(2)

3.  A person who—

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

(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 the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in sub-paragraph (c).

Commencement Information

I2Sch. 1 para. 3 in force at 17.2.2017, see reg. 1(2)

Refugees and their family membersE+W

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.

Commencement Information

I3Sch. 1 para. 4 in force at 17.2.2017, see reg. 1(2)

[F1Persons granted stateless leave and their family membersE+W

4A.(1) A person granted stateless leave who—

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

(b)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—

(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;

(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.

(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;

(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.

(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.]

Persons with leave to enter or remain and their family membersE+W

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;

[F2(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;

[F3(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;]

[F4(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.

[F5(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.]

[F6Persons with section 67 leave to remainE+W

5A.(1) A person who—

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

(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 United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(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;

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

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

(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

F6Sch. 1 para. 5A inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(3)(a), 38

Workers, employed persons, self-employed persons and their family membersE+W

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 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).

Commencement Information

I5Sch. 1 para. 6 in force at 17.2.2017, see reg. 1(2)

7.  A person who—

(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 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 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council on freedom of movement for workers within the Union(1), as extended by the EEA Agreement.

Commencement Information

I6Sch. 1 para. 7 in force at 17.2.2017, see reg. 1(2)

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereE+W

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;

(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 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 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 has a 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 has a right of permanent residence, if that person goes 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.

Commencement Information

I7Sch. 1 para. 8 in force at 17.2.2017, see reg. 1(2)

EU nationalsE+W

9.—(1) A person who—

(a)is either—

(i)an EU national on the first day of the first academic year of the course, other than a person who is a United Kingdom national who has not exercised a right of residence; or

(ii)a family member of such a person;

(b)is—

(i)attending or undertaking a designated course in Wales; or

(ii)undertaking a designated distance learning course, a designated part-time course or designated postgraduate course in Wales;

(c)has been ordinarily resident in the territory comprising 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 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 the European Economic Area and Switzerland in accordance with paragraph 1(4).

(3) 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 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 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.

Commencement Information

I8Sch. 1 para. 9 in force at 17.2.2017, see reg. 1(2)

10.—(1) A person who—

(a)is an EU national other than a United Kingdom 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 European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(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) to be an EU national other than a United Kingdom national on the first day of the first academic year of the course is treated as being satisfied.

Commencement Information

I9Sch. 1 para. 10 in force at 17.2.2017, see reg. 1(2)

Children of Swiss nationalsE+W

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

Commencement Information

I10Sch. 1 para. 11 in force at 17.2.2017, see reg. 1(2)

Children of Turkish workersE+W

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 the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Commencement Information

I11Sch. 1 para. 12 in force at 17.2.2017, see reg. 1(2)

(1)

OJ No L141, 27.05.2011, p. 1.

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