The Education (Postgraduate Master’s Degree Loans) Regulations 2016

[^key-231a500d3de0251fb3f87d7474f2ebfa]: Words in reg. 2(1) substituted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/669), regs. 1(1), 12

[^key-4ea7455ba7675fca5c0a5c4fb3f9842c]: Reg. 3(3)(k)(i) substituted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/669), regs. 1(1), 18

[^key-41e38b6cfc32050b2d1f56c4fca55604]: Words in reg. 2(1) inserted (W.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Regulations 2024 (S.I. 2024/803), regs. 1(2), 11(2)

[^key-34f78234842e9a107de796e39bf4f1d7]: Words in Sch. 1 para. 4E heading substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 19(3)(a)

[^key-151ee0cbc9f815c0857bccb200397a84]: Words in reg. 2 substituted (E.) (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 19(1)(a)

[^key-fce90c3b682d182f35baa31e334f0668]: Words in reg. 2 substituted (E.) (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 19(1)(b)(i)(aa)

[^key-6332ab187656a49401fcb1eb94634b67]: Words in reg. 2 omitted (E.) (6.3.2025) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 19(1)(b)(i)(bb)

[^key-62ca14371db8ddb5cb517a3cd2b61ac5]: Words in reg. 2 substituted (E.) (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 19(1)(b)(ii)

[^key-597185e282dbb716fb10e099e200cd9f]: Word in reg. 2 omitted (E.) (6.3.2025) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 19(1)(b)(iii)

[^key-223b2b6b41e9a932f22b79a4f6577876]: Words in reg. 2 inserted (E.) (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 19(1)(b)(iv)

[^key-f73030c4bfaac76634b3444ddeb42bf4]: Words in reg. 2 inserted (E.) (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 19(1)(b)(v)

[^key-d3f5af5f4ac4818fae3a0e9afdfcb88b]: Words in reg. 7(2)(i) substituted (E.) (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 19(2)

[^key-80575f7d88a010cd8ebe2895a58d4e19]: Word in Sch. 1 para. 1(1) omitted (E.) (6.3.2025) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 21(a)

[^key-a472fd1bb07c8c21c08ec8e964c488ba]: Words in Sch. 1 para. 1(1) inserted (E.) (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 21(b)

[^key-9333817c555c5bfb36a6e0827b4b9b4b]: Words in Sch. 1 para. 1(1) omitted (E.) (6.3.2025) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 21(c)

[^key-6bbcef53c08848e8b76c0136cae513a1]: Words in Sch. 1 para. 4E(1) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 19(3)(b)

[^key-9da286f0da937c1f8d18bd1d3be6a374]: Words in Sch. 1 para. 4E(2) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 19(3)(c)

[^key-e0a54a2df2f43e5f2699761594274498]: Sch. 1 para. 4E(3) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), regs. 1(b), 19(3)(d)

[^key-79985554e9b11211a193d64c7849dc77]: Words in reg. 2(1) inserted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 22(a)

[^key-d68a84bb561bbb9b4c75bfa47b8d774b]: Words in reg. 2(1) inserted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 22(b)

[^key-e99181e96aa201eaa92f58c7cd560249]: Words in reg. 2(1) substituted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 22(c)

[^key-e64f291c2e03db4497968e7d123ee6ab]: Words in reg. 2(1A) substituted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 23(1)

[^key-9f83d92b2f1c2e713d9ff531277e5ddd]: Words in reg. 3(8A)(b)(i) inserted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 21(a)

[^key-c994ebf502ad66814ddd21dfaf9b8166]: Reg. 3(8B)(b) substituted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 21(b)

[^key-229eed6a031ea9b04f4794e258e932aa]: Reg. 3(8C)(b) substituted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 21(c)

[^key-c74d6510c9541fe0e0b35153b484b0a4]: Reg. 3(8D)(b) substituted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 21(d)

[^key-8072f35e7db085d666cf482cc2849171]: Words in reg. 3(8E)(b)(i) inserted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 21(e)

[^key-2f3e68344b0168945b5ac1dcc269c32e]: Reg. 3(8G)(b) substituted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 21(f)

[^key-a0eeff819ea63d19b7bebfeb1b8b7575]: Reg. 3(8H)(b) substituted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 21(g)

[^key-de16b9dd534ba2e392febc6f34c1365b]: Words in reg. 3(8I)(b)(i) inserted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 21(h)

[^key-a0bbf776517296eb2ff384724516f3fa]: Reg. 3(3)(k)(i)(bb) substituted (5.3.2026) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 23(2)

[^key-a5e8b1b5045f1009537499db685dfed2]: Sum in reg. 12(1) substituted (with application in accordance with reg. 2(3)(b) of the amending S.I.) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 2(3)(b)(4), 24

[^key-d0718b1025426f7f4e36ec57e578e7ea]: Sum in reg. 12(2) substituted (with application in accordance with reg. 2(3)(b) of the amending S.I.) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 2(3)(b)(4), 24

Persons granted stateless leave and their family members

4A

• (1) A person granted stateless leave, who is ordinarily resident in England on the course start 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 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 England on the course start date.

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

• (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 England on the course start date.

• (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 ....

Persons granted section 67 leave

4B

A person granted section 67 leave, who is ordinarily resident in England on the course start date.

Absence from, or repetition of parts of, course

Persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse and their children

4C

• (1) A person—

• (a) granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

• (i) paragraph 289B (victims of domestic violence);

• (ii) paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or

• (iii) paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);

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

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

• (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 England 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.

Persons granted Calais leave

4D

A person granted Calais leave, who is ordinarily resident in England on the course start date.

Persons granted indefinite leave to enter or remain as a bereaved partner and their children

4E

• (1) A person granted indefinite leave to enter or remain as a bereaved partner, who is ordinarily resident in England on the course start date.

• (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 bereaved partner; and

• (ii) on the leave application date, was the child of the person granted indefinite leave to enter or remain 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 England on the course start date.

• (3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to remain as a bereaved partner made an application to remain in the United Kingdom on those grounds under the immigration rules.

• (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 paragraph (a)(iv) of the definition of “person granted indefinite leave to enter or remain as a bereaved partner” in regulation 2(1) (interpretation), outside the immigration rules.

2A

• (1) A person—

• (a) who is settled in the United Kingdom ... and does not fall within paragraph 3;

• (b) who is attending or undertaking a designated course in England;

• (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 who has been ordinarily resident in the Republic of Ireland for least part of that period; ...

• (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; and

• (e) who did not move to England from the Islands for the purpose of undertaking the designated course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.

• (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 1(5).

6A

• (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 England 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 (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.

7A

• (1) A person with protected rights who—

• (a) is ordinarily resident in England 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.

8A

• (1) A person who—

• (a) is settled in the United Kingdom;

• (b) was ordinarily resident in England 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 Gibraltar, the European Economic Area and Switzerland; 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 Gibraltar, the European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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 the course start date;

• (e) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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.

9A

• (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 attending or undertaking a designated course in England;

• (c) 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

• (d) 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 (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 European Economic Area , Switzerland and the overseas territories in accordance with paragraph 1(5).

United Kingdom nationals

9B

• (1) A person—

• (a) who is—

• (i) a United Kingdom national on the first day of the first 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 and Switzerland; or

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

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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 attending or undertaking a designated course in England;

• (d) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, 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) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(5).

• (3) 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).

9C

• (1) A person—

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

• (b) who is attending or undertaking a designated course in England;

• (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; ...

• (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, and

• (e) who did not move to England from the Islands for the purpose of undertaking the designated course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.

• (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(5).

Persons resident in Gibraltar

9D

• (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;

• (b) who is attending or undertaking a designated course in England;

• (c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, 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 (3), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, 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) A person—

• (a) who is—

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

• (ii) 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 attending or undertaking a designated course in England;

• (c) 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

• (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.

• (3) Paragraph (d) of sub-paragraphs (1) and (2) does not apply to a person treated as being ordinarily resident in the territory referred to in paragraph (c) of those sub-paragraphs in accordance with paragraph 1(5).

EU nationals ordinarily resident in the United Kingdom and Islands

10A

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 England 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).

11A

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 England 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).

12A

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 England 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.

9BA

• (1) A person—

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

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

• (i) in the territory comprising the European Economic Area and Switzerland; or

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

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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 attending or undertaking a designated course in England;

• (d) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, 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) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(5).

Persons granted leave under the Afghan Relocations and Assistance Scheme

5A

• (1) A person granted leave under one of the Afghan Schemes who is ordinarily resident in England on the first day of the course start date.

• (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 England 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 England 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.

9BB

• (1) Subject to paragraphs (3) and (4), aperson—

• (a) who is

• (i) settled in the United Kingdom ...; or

• (ii) 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;

• (b) who is attending or undertaking a designated course in England;

• (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;

• (e) who did not move to England from the Islands for the purpose of undertaking the designated course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course; and

• (f) 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 (f) 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 1(5).

• (3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) 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) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.

Persons granted leave under one of the Afghan Schemes and their family members

Evacuated or assisted British nationals from Afghanistan

5B

An evacuated or assisted British national from Afghanistan who is ordinarily resident in England on the course start date.

Persons granted leave under one of the Ukraine Schemes and their family members

5C

• (1) A person granted leave under one of the Ukraine Schemes, who is ordinarily resident in England on the course start date.

• (2) A person who—

• (a) is the spouse or the 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 England 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 England 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.