The Education (Fees and Awards) (Scotland) Regulations 2007

Relevant connection with the United Kingdom and Islands

This section has no associated Executive Note

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).

(1)

1971 (c. 77); section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).