The Student Fees (Qualifying Courses and Persons) (England) Regulations 2007

SCHEDULEE+W

1.—(1) For the purposes of this Schedule—E+W

“academic year” means the period of twelve months beginning on 1^st January, 1^st April, Ist July or 1^st 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 1^st January and before 1^st April, on or after 1^st April and before 1^st July, on or after 1^st July and before 1^st August or on or after 1^st August and on or before 31^st December, respectively;

“Directive 2004/38” means Directive 2004/38/EC of the European Parliament and of the Council of 29^th April 2004 M1 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“[F1EU] national” means a national of a Member State of the [F1European Union];

“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;

“EEA national” means a national of an EEA State other than the United Kingdom;

“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 with the meaning of Annex 1 to the Swiss Agreement;

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

“[F1European Union]” means the territory comprised by the Member States of the [F1European Union] as constituted from time to time;

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

“family member” means—

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

“overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten); Pitcairn, Henderson, Ducie & Oeno Islands; South Georgia and the South Sandwich Islands; [F3St-Barthélemy]; St Helena and Dependencies (Ascension Island and Tristan de Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands and Wallis and Futuna;

[F4“person granted humanitarian protection” means a person—

[F5“person granted stateless leave” means a person who—

F6...

“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 M2 as extended by the Protocol thereto which entered into force on 4^th October 1967 M3;

“right of permanent residence” means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

“self-employed person” means—

“settled” has the meaning given by section 33(2A) of the Immigration Act 1971 M4;

“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 M5 and which came into force on 1^st June 2002;

“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;

“Turkish worker” means a Turkish national who—

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

[F7(2) For the purposes of this Schedule, “parent” [F8means a parent, guardian or] any other person having parental responsibility for a child and “child” is to be construed accordingly.]

[F9(2A) For the purposes of this Schedule, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place.]

(3) For the purposes of this Schedule, a person is to be treated as ordinarily resident in the United Kingdom, the United Kingdom and Islands, in the territory comprising the European Economic Area and Switzerland, in the territory comprising the European Economic Area, Switzerland and the overseas territories, or in the territory comprising the [F10European Economic Area, Switzerland, Turkey and the overseas territories] if he would have been so resident but for the fact that—

(a)he;

(b)his spouse or civil partner;

(c)his parent; or

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

is or was temporarily employed outside the area in question.

(4) For the purposes of paragraph (3), temporary employment includes—

(a)in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b)in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the European Economic Area and Switzerland as members of such forces; and

(c)in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.

(5) For the purposes of this Schedule an area which—

(a)was previously not part of the [F1European 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 these areas,

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

[F11(6) For the purposes of this Schedule a person who is ordinarily resident in the United Kingdom as a result of having moved from the Islands for the purpose of undertaking a course is to be considered to be ordinarily resident in the Islands;]

[F12Persons who are settled in the United KingdomE+W

2.—(1) A person—

(a)who on the first day of the first academic year of the course—

(i)is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;

(ii)is ordinarily resident in the United Kingdom;

(iii)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

(b)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 (a)(iii) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (b) 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(3).]

3.  A person who—E+W

(a)is settled in the United Kingdom by virtue of having acquired the right of permanent residence on the first day of an 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 preceding the first day of the first academic year of the course; and

(d)in a case where his 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 [F13European Economic Area, Switzerland and the overseas territories] immediately before the period of residence referred to in paragraph (c).

Refugees and their family membersE+W

4.—(1) A person—

(a)who is a refugee;

(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since he was recognised as a refugee; and

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

(2) A person—

(a)who is the spouse or civil partner of a refugee;

(b)who was the spouse or civil partner of the refugee on the date on which the refugee made his application for asylum;

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

(d)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(3) A person—

(a)who is the child of a refugee or the child of the spouse or civil partner of a refugee;

(b)who, on the date on which the refugee made his 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)who was under 18 on the date on which the refugee made his application for asylum;

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

(e)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

[F14Persons granted stateless leave and their family membersE+W

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

(a)is ordinarily resident in the United Kingdom 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 that date.

(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 the United Kingdom 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 the United Kingdom 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 the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).]

[F15Persons granted humanitarian protection and their family membersE+W

5.—(1) A person granted humanitarian protection who is ordinarily resident in the United Kingdom on 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 granted humanitarian protection;

(b)who 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”); and

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

(3) A person—

(a)who 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)who, 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)who was under 18 on the asylum application date; and

(d)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.]

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

[F166.—(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)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 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), (v) or (vi) of that sub-paragraph.]

7.  A person who—E+W

(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 [F17European 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 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers M6, as extended by the EEA Agreement.

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)left the United Kingdom and exercised a right of residence after having been settled in the United Kingdom;

(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 [F18European 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 his 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 he 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 he goes to the state within the territory comprising the European Economic Area and Switzerland of which he is a national or of which the person in relation to whom he is a family member is a national.

[F19EU] nationalsE+W

9.—(1) A person who—

(a)is either—

(i)an [F19EU] national on the first day of an academic year of the course; or

(ii)a family member of a such a person;

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

[F20(c)has been ordinarily resident in the territory comprising 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]

F21(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)subject to sub-paragraph (2), whose ordinary residence in the relevant territory has not during any part of the period referred to in [F22paragraph (c)] been wholly or mainly for the purpose of receiving full-time education.

[F23(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of an EU national where that EU national—

(a)is—

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

(ii)not a United Kingdom national; and

(b)has been ordinarily resident in the territory comprising 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 (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the relevant territory in accordance with paragraph 1(3).

[F249A.—(1) A person who—

(a)is an [F25EU] national other than a United Kingdom 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 his 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, Switzerland and the overseas territories immediately prior to the period of ordinary residence referred to in paragraph (c).

(2) Where a state accedes to the [F25European 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 [F25EU] national other than a United Kingdom national on the first day of the first academic year of the course is treated as being satisfied.]

Children of Swiss nationalsE+W

10.  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 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 his 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 [F26European Economic Area, Switzerland and the overseas territories] immediately before the period of ordinary residence referred to in paragraph (c).

Children of Turkish workersE+W

11.  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 the [F27European 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.

[F28Long ResidenceE+W

12.—(1) A person—

(a)who on the first day of the first academic year of the course either—

(i)is 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)is aged 18 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)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;

(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 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(3).]