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

[^key-894e3912baafa515fac6702bb0664744]: Words in Sch. para. 4C(1)(b) substituted (5.2.2026 with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 8(b)

[^key-dd7d1703cacb9ac45082b55670b1a075]: Word in Sch. para. 9B(5) omitted (5.2.2026 with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 5(a)

[^key-82f7589e0eb50f1590d552d9f1f8c4a3]: Words in Sch. para. 9B(5) substituted (5.2.2026 with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 5(b)

[^key-b85326ffa1a6d7d18fbb1884b833ed0f]: Word in Sch. para. 9BA(3) omitted (5.2.2026 with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 5(a)

[^key-77b54d33b4acaec8148bdfcacde9f06a]: Words in Sch. para. 9BA(3) substituted (5.2.2026 with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/3), regs. 1(2), 2, 5(b)

[^key-154a3c23ee60066115bbf519f0eda72e]: Word in Sch. para. 1 inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2026 (W.S.I. 2026/19), regs. 1(2), 2(a)

[^key-edadbf947b8fddbdb727be92d26104d6]: Word in Sch. para. 1 omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2026 (W.S.I. 2026/19), regs. 1(2), 2(b)

[^key-8584fbe6e30df83ad654b6125a97b932]: Words in Sch. para. 1 inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (No. 2) (Wales) Regulations 2026 (W.S.I. 2026/19), regs. 1(2), 2(c)

Personau y rhoddwyd caniatâd iddynt aros fel personau diwladwriaeth ac aelodau o’u teuluoedd

4A

• (1) A person—

• (a) granted leave to enter or remain as a protected person;

• (b) who is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted such leave; 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 who—

• (a) is a protected spouse or civil partner;

• (b) on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person (by virtue of humanitarian protection under paragraph 339C of the immigration rules or as a stateless person under the immigration rules);

• (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom;

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

• (3) A person who—

• (a) is a protected child;

• (b) on the leave application date was—

• (i) under 18 years old; and

• (ii) the child of a person granted leave to enter or remain as a protected person or, as the case may be, the child of a person who was the spouse or civil partner of the person granted leave to enter or remain as a protected person on that date (by virtue of humanitarian protection under paragraph 339C of the immigration rules, stateless leave under the immigration rules or section 67 of the Immigration Act 2016 and the immigration rules, as the case may be);

• (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so since being granted leave to enter or remain in the United Kingdom;

• (d) is ordinarily resident in the United Kingdom on 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 (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to enter or remain as a protected person.

Personau â chaniatâd i ddod i mewn neu aros ac aelodau o'u teulu

Gweithwyr, personau cyflogedig, personau hunan- gyflogedig ac aelodau o'u teulu

Personau sydd wedi setlo yn y Deyrnas Unedig ac sydd wedi arfer hawl i breswylio mewn man arall

Gwladolion o'r GE

Plant gwladolion o'r Swistir

Plant gweithwyr o Dwrci

Personau sydd â chaniatâd i aros o dan adran 67

5A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Gweithwyr, personau cyflogedig, personau hunan- gyflogedig ac aelodau o'u teulu

Personau sydd wedi setlo yn y Deyrnas Unedig ac sydd wedi arfer hawl i breswylio mewn man arall

Gwladolion o'r GE

Plant gwladolion o'r Swistir

Plant gweithwyr o Dwrci

Ffoaduriaid ac aelodau o'u teuluoedd

Personau y rhoddwyd caniatâd iddynt aros fel personau diwladwriaeth ac aelodau o’u teuluoedd

Personau â chaniatâd i ddod i mewn neu aros ac aelodau o'u teulu

Personau sydd â chaniatâd i aros o dan adran 67

Gweithwyr, personau cyflogedig, personau hunan- gyflogedig ac aelodau o'u teulu

Personau sydd wedi setlo yn y Deyrnas Unedig ac sydd wedi arfer hawl i breswylio mewn man arall

Gwladolion o’r UE

Plant gwladolion o'r Swistir

Plant gweithwyr o Dwrci

Taliadau gan CCAUC i ddarparwyr hyfforddiant

1A

For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.

1B

For the purposes of this Schedule, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

• (a) Article 10 (personal scope) of the EU withdrawal agreement,

• (b) Article 9 (personal scope) of the EEA EFTA separation agreement, or

• (c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.

2A

• (1) A person—

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

• (b) who is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

• (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

• (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.

• (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 regulation 2(4).

Personau a ddiogelir ac aelodau o’u teuluoedd

Personau y rhoddwyd caniatâd iddynt aros fel partner a ddiogelir a’u plant

4B

• (1) A person—

• (a) granted leave to enter or remain as a protected partner;

• (b) who is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted such leave; 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 who—

• (a) is the child of a person granted leave to enter or remain as a protected partner;

• (b) on the leave application date was under 18 years old and was the child of a person granted leave to enter or remain as a protected partner;

• (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom;

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

• (3) In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to enter or remain as a protected partner.

Personau â chaniatâd i ddod i mewn neu aros ac aelodau o'u teulu

Personau sydd â chaniatâd i aros o dan adran 67

Gweithwyr, personau cyflogedig, personau hunan- gyflogedig ac aelodau o'u teulu

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 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 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 paragraph (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 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 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 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.

Personau sydd wedi setlo yn y Deyrnas Unedig ac sydd wedi arfer hawl i breswylio mewn man arall

8A

• (1) A person who—

• (a) is settled in the United Kingdom;

• (b) left the United Kingdom and exercised a right of residence before IP completion day after having been settled in the United Kingdom;

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

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

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

and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories 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 day on which the first term of the first academic year actually begins;

• (e) 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

• (f) in a case where the person’s ordinary residence referred to in paragraph (e) 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 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.

Gwladolion o’r UE etc.

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 undertaking the course in the United Kingdom;

• (c) who, subject to sub-paragraph (2), 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.

• (2) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

• (a) is an EU national or a relevant person of Northern Ireland; and

• (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 year of the first academic year of the course.

• (3) 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 regulation 2(4).

Gwladolion o’r Deyrnas Unedig

9B

• (1) A person—

• (a) who is—

• (i) a United Kingdom national on the first day of an 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, Switzerland and the EU overseas territories; or

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

and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the EU overseas territories 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 undertaking the course in the United Kingdom;

• (d) who, subject to sub-paragraph (2), 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

• (e) 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 (d) been wholly or mainly for the purpose of receiving full-time education.

• (2) Paragraph (d) of sub-paragraph (1) does not apply to the family member of a United Kingdom national, where that United Kingdom national—

• (a) had, before IP completion day, exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; and

• (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.

• (3) 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, the European Economic Area, Switzerland and the overseas territories in accordance with regulation 2(4).

• (4) 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).

• (5) In this paragraph, “EU overseas territories” means ... Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna.

9C

• (1) Subject to sub-paragraphs (3) and (4), A person—

• (a) who is—

• (i) a person who is settled in the United Kingdom ...; ...

• (ii) a family member of a person mentioned in sub-paragraph (i) , or who would be such a person if they were ordinarily resident in the United Kingdom; or

• (iii) a British citizen who—

• (aa) was born in the British Indian Ocean Territory or, before 8 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, before 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date;

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

• (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; and

• (e) 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 (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, the Islands and the specified British overseas territories in accordance with regulation 2(4).

• (3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) 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) Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.

9Ch

• (1) Person—

• (a) sy’n aelod o deulu person sydd wedi setlo yn y Deyrnas Unedig ar ddiwrnod cyntaf blwyddyn academaidd gyntaf y cwrs;

• (b) sy’n dilyn y cwrs yn y Deyrnas Unedig;

• (c) sydd wedi bod yn preswylio fel arfer yn y Deyrnas Unedig a’r Ynysoedd drwy gydol y cyfnod o dair blynedd cyn diwrnod cyntaf blwyddyn academaidd gyntaf y cwrs; ac

• (ch) yn ddarostyngedig i is-baragraff (2), nad yw ei breswyliad arferol yn y Deyrnas Unedig a’r Ynysoedd yn ystod unrhyw ran o’r cyfnod y cyfeirir ato ym mharagraff (c) wedi bod yn llwyr neu’n bennaf at ddiben cael addysg lawnamser.

• (2) Nid yw paragraff (ch) o is-baragraff (1) yn gymwys i berson a drinnir fel pe bai’n preswylio fel arfer yn y Deyrnas Unedig a’r Ynysoedd yn unol â rheoliad 2(4).

Personau sy’n preswylio yn Gibraltar

9D

• (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 undertaking the course in the United Kingdom;

• (c) who has been ordinarily resident in the United Kingdom and the 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 ordinary residence in the United Kingdom and the 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 the Islands in accordance with regulation 2(4).

Gwladolion o’r UE – preswylio fel arfer yn y Deyrnas Unedig a’r Ynysoedd

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 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 the 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 sub-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 sub-paragraph (c).

Plant gwladolion o'r Swistir

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 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 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 sub-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 sub-paragraph (c).

Plant gweithwyr o Dwrci

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 the United Kingdom 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.

Dinasyddion Gwyddelig yn yr AEE a’r Swistir

9BA

• (1) A person—

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

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

• (i) in the territory comprising the European Economic Area, Switzerland and the EU overseas territories; or

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

and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the EU overseas territories 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 undertaking the course in the United Kingdom;

• (d) 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

• (e) 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 (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, the European Economic Area, Switzerland and the overseas territories in accordance with regulation 2(4).

• (3) In this paragraph “EU overseas territories” means ... Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna.

Personau sy’n preswylio yn Gibraltar

Gwladolion o’r UE – preswylio fel arfer yn y Deyrnas Unedig a’r Ynysoedd

Plant gwladolion o'r Swistir

Plant gweithwyr o Dwrci

4C

• (1) A person who—

• (a) is a protected Ukrainian national;

• (b) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since becoming a protected Ukrainian national; and

• (c) is ordinarily resident in the United Kingdom 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 protected Ukrainian national;

• (b) on the leave application date, was the spouse or civil partner of that person;

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

• (3) A person who—

• (a) is—

• (i) the child of a protected Ukrainian national; or

• (ii) the child of the spouse or civil partner of a protected Ukrainian national;

• (b) on the leave application date was—

• (i) under 18 years old; and

• (ii) the child of a protected Ukrainian national or, as the case may be, the child of a person who was the spouse or civil partner of a protected Ukrainian national;

• (c) is ordinarily resident in the United Kingdom and the 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 the United Kingdom on 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 (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a protected Ukrainian national.

Personau sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan

4Ch

• (1) Person—

• (a) sy’n berson sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan;

• (b) sy’n preswylio fel arfer yn y Deyrnas Unedig a’r Ynysoedd ac nad yw wedi peidio â phreswylio felly er pan roddwyd y caniatâd hwnnw iddo; ac

• (c) sy’n preswylio fel arfer yn y Deyrnas Unedig ar ddiwrnod cyntaf blwyddyn academaidd gyntaf y cwrs.

• (2) Person—

• (a) sydd yn briod neu’n bartner sifil i berson sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan;

• (b) a oedd, ar ddyddiad y cais i gael caniatâd i ddod i mewn neu i aros, yn briod neu’n bartner sifil i berson a sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan;

• (c) sy’n preswylio fel arfer yn y Deyrnas Unedig a’r Ynysoedd ac nad yw wedi peidio â phreswylio felly er pan roddwyd caniatâd iddo i ddod i mewn i’r Deyrnas Unedig neu i aros ynddi; ac

• (ch) sy’n preswylio fel arfer yn y Deyrnas Unedig ar ddiwrnod cyntaf blwyddyn academaidd gyntaf y cwrs.

• (3) Person—

• (a) sydd—

• (i) yn blentyn i berson sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan; neu

• (ii) yn blentyn i briod neu bartner sifil person sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan;

• (b) a oedd, ar ddyddiad y cais i gael caniatâd i ddod i mewn neu i aros—

• (i) o dan 18 oed; a

• (ii) yn blentyn i berson sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan neu, yn ôl y digwydd, yn blentyn i berson a oedd yn briod neu’n bartner sifil i berson a chanddo ganiatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan;

• (c) sy’n preswylio fel arfer yn y Deyrnas Unedig a’r Ynysoedd ac nad yw wedi peidio â phreswylio felly er pan roddwyd caniatâd iddo i ddod i mewn i’r Deyrnas Unedig neu i aros ynddi; ac

• (ch) sy’n preswylio fel arfer yn y Deyrnas Unedig ar ddiwrnod cyntaf blwyddyn academaidd gyntaf y cwrs.

• (4) Yn y paragraff hwn, ystyr “dyddiad y cais i gael caniatâd i ddod i mewn neu i aros” yw’r dyddiad y gwnaeth person (“P”) gais am ganiatâd i ddod i mewn i’r Deyrnas Unedig neu i aros ynddi sy’n arwain at P yn dod yn berson sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan.

Personau â chaniatâd i ddod i mewn neu aros ac aelodau o'u teulu

Personau sydd â chaniatâd i aros o dan adran 67

Gweithwyr, personau cyflogedig, personau hunan- gyflogedig ac aelodau o'u teulu

Personau sydd wedi setlo yn y Deyrnas Unedig ac sydd wedi arfer hawl i breswylio mewn man arall

Gwladolion o’r UE etc.

Gwladolion o’r Deyrnas Unedig

Dinasyddion Gwyddelig yn yr AEE a’r Swistir

Personau sy’n preswylio yn Gibraltar

Gwladolion o’r UE – preswylio fel arfer yn y Deyrnas Unedig a’r Ynysoedd

Plant gwladolion o'r Swistir

Plant gweithwyr o Dwrci

Personau y rhoddwyd caniatâd iddynt ddod i mewn neu aros fel partner a ddiogelir a’u plant

Payments by HEFCW to training providers

Protected persons and their family members

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

Persons with leave to enter or remain as a relevant Afghan citizen

4D

• (1) A person who—

• (a) is a person with leave to enter or remain as a relevant Afghan citizen;

• (b) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted such leave; and

• (c) is ordinarily resident in the United Kingdom 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 person with leave to enter or remain as a relevant Afghan citizen;

• (b) on the leave application date was the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen;

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

• (3) A person who—

• (a) is—

• (i) the child of a person with leave to enter or remain as a relevant Afghan citizen; or

• (ii) the child of the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen;

• (b) on the leave application date was—

• (i) under 18 years old; and

• (ii) the child of a person with leave to enter or remain as a relevant Afghan citizen or, as the case may be, the child of a person who was the spouse or civil partner of a person with leave to enter or remain as a relevant Afghan citizen;

• (c) is ordinarily resident in the United Kingdom and the 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 the United Kingdom on 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 (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person with leave to enter or remain as a relevant Afghan citizen.

Persons with leave to enter or remain and their family members

Persons with section 67 leave to remain

Workers, employed persons, self-employed persons and their family members

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

EU nationals etc.

United Kingdom nationals

Irish citizens in the EEA and Switzerland

Persons resident in Gibraltar

9E

• (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;

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

• (iv) 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 undertaking the course in the United Kingdom;

• (c) who, subject to paragraph (2), 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.

• (2) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

• (a) is an EU national or a relevant person of Northern Ireland; and

• (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.

• (3) 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 regulation 2(4).

EU nationals – ordinarily resident in the United Kingdom and the Islands

Children of Swiss nationals

Children of Turkish workers