5. Subject to regulation 6, for the purposes of this Part a student has a relevant connection with the United Kingdom and Islands if–
(a)that student has been ordinarily resident there throughout the 3 year period immediately preceding 1st August, 1st January, 1st April or 1st July closest to the beginning of the first term of the student’s course;
(b)that student’s residence there during any part of that 3 year period has not been wholly or mainly for the purpose of receiving full-time education unless the person is settled as referred to in paragraph (c) as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38 and that person was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the start of that period of residence; and
(c)at the date referred to in paragraph (a) that student is settled in the United Kingdom within the meaning of the Immigration Act 1971(1).
1971 (c. 77); section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).