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The Higher Education (Qualifying Courses and Qualifying Persons) (Wales) Regulations 2026

Type Welsh-Statutory-Instrument

Publication 2026-02-25

Last updated 2026-04-01

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 25 February 2026

Coming into force: 1 April 2026

The Welsh Ministers, in exercise of the powers conferred on them by sections 32(4) and (9)(b) and 143(2) of the Tertiary Education and Research (Wales) Act 2022[^f00001], make the following Regulations.

Title and coming into force

1

(1) The title of these Regulations is the Higher Education (Qualifying Courses and Qualifying Persons) (Wales) Regulations 2026.

(2) These Regulations come into force on 1 April 2026.

Interpretation

2

In these Regulations—

“the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998[^f00002];

“the 2022 Act” (“Deddf 2022”) means the Tertiary Education and Research (Wales) Act 2022;

“academic year” (“blwyddyn academaidd”), in respect of a course, means a year determined as follows— identify the period in Column 2 of the Table within which the academic year actually begins; the academic year is the period of 12 months beginning on the date specified in the entry in Column 1 of the Table corresponding to the period set out in Column 2. Table Column 1 Start date of academic year for the purposes of these Regulations Column 2 Period within which academic year begins 1 SeptemberOn or after 1 August but before 1 January1 JanuaryOn or after 1 January but before 1 April1 AprilOn or after 1 April but before 1 July1 JulyOn or after 1 July but before 1 August

“course of initial teacher training” (“cwrs hyfforddiant cychwynnol athrawon”) includes such a course leading to a first degree.

Qualifying course

3

(1) A qualifying course, which is specified for the purposes of section 32(4) of the 2022 Act, is a course which—

(a) satisfies both of the conditions in paragraph (2), and

(b) does not fall within either of the exceptions in paragraph (3).

(2) The conditions are—

Condition 1The course is—a course of initial teacher training,a course for the further training of teachers or youth and community workers,a first degree course,a course for the Diploma of Higher Education, a course for the Higher National Diploma or Higher National Certificate of the Business and Technician Education Council, or the Diploma in Management Studies, a course for the Certificate in Education,a course in preparation for a professional examination at higher level, ora course providing education at a higher level (whether or not in preparation for an examination).For the purposes of paragraph (1)(g) of this condition a professional examination is at higher level if its standard is higher than the standard of examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business & Technician Education Council.For the purposes of paragraph (1)(h) of this condition a course is to be regarded as providing education at a higher level if its standard is higher than the standard of courses providing education in preparation for any of the examinations mentioned in paragraph (2) of this condition.

Condition 2The course is designated by regulations made under section 22 of the 1998 Act[^f00003].

(3) The exceptions are—

Exception 1The course is a part-time course.

Exception 2The course is provided on behalf of a registered provider by a person who is not—a registered provider,included in the register established and maintained by the Office for Students under section 3 of the Higher Education and Research Act 2017[^f00004], ormaintained or assisted by recurrent grants provided by the Commission for Tertiary Education and Research[^f00005].

(4) A person is not regarded as being maintained or assisted by recurrent grants for the purposes of Exception 2 in paragraph (3) by reason only that the person receives such funds as a collaborating body.

(5) In this regulation—

“collaborating body” (“corff sy’n cydlafurio”) has the meaning given by section 88(3), 89(4), 97(3), 104(2) or 105(4) of the 2022 Act, as the case may be;

“registered provider” (“darparwr cofrestredig”) means a provider which is registered in the register established and maintained by the Commission for Tertiary Education and Research under section 25 of the 2022 Act.

Qualifying person

4

(1) A qualifying person, who is specified for the purposes of section 32(9) of the 2022 Act, is a person who—

(a) satisfies either of the conditions in paragraph (2), and

(b) does not fall within any of the exceptions in paragraph (3).

(2) The conditions are—

Condition 1 The person falls within a settled category— on the day on which the first term of the first academic year actually begins, where the academic year is the first academic year of the person’s course, or otherwise, on the first day of an academic year of the person’s course.

Condition 2 The person falls within a prescribed category on the first day of an academic year of the person’s course.

(3) The exceptions are—

Exception 1 The person is not eligible for support under the 2017 Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those Regulations.

Exception 2 The person is not eligible for support under the 2018 Regulations because they are a person to whom paragraph (a) in Exception 3, Exception 4, Exception 5 or Exception 6 in regulation 10(1) of those Regulations applies.

Exception 3 In connection with a course which begins on or after 1 January 2028— the only settled category into which the person falls is paragraph 16, or the only prescribed category into which the person falls is paragraph 19 or 20.

Exception 4 The person holds a higher education qualification and a qualifying course being undertaken by the person leads to a qualification which is an equivalent or lower qualification. But this exception does not apply in any of the following cases— Case 1 Where— the qualifying course is a course of initial teacher training, the duration of the course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent), and the qualifying person is not a qualified teacher. Case 2 Where in respect of any part of a single course— the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom before the final degree or equivalent qualification, and the only honours degree held by the qualifying person was received as part of that single course. Case 3 Where the qualifying course is a foundation degree. Case 4 Where the qualifying course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect.

Exception 5 In connection with a course which began before 1 August 2023, the only prescribed category into which the person falls is paragraph 21.

(4) Where an event occurs in the course of an academic year and as a result a person falls within a settled category or a prescribed category in the course of an academic year, that person is not a qualifying person in respect of the academic year in which the relevant event occurred or any previous academic year.

(5) For the purposes of Exception 4 in paragraph (3), a qualification is an equivalent or lower qualification if—

(a) the person holds a higher education qualification from an institution in the United Kingdom, and

(b) the qualification referred to in sub-paragraph (a) is of an academic level which is equivalent to or higher than a qualification to which the current qualifying course leads.

(6) In this regulation—

“the 2017 Regulations” (“Rheoliadau 2017”) means the Education (Student Support) (Wales) Regulations 2017[^f00006];

“the 2018 Regulations” (“Rheoliadau 2018”) means the Education (Student Support) (Wales) Regulations 2018[^f00007];

“equivalent or lower qualification” (“cymhwyster cyfwerth neu is”) means a qualification determined by the Welsh Ministers in accordance with paragraph (5) to be an equivalent or lower qualification;

“prescribed category” (“categori rhagnodedig”) means one of the categories described— in paragraph 2, 4, 5, 6, 7, 8, 9, 10, 12, 14, 18, 19, 20, 21, 22, 23, 25, 27 or 29 of the Schedule, or in paragraph 11, 13, 15, 17, 24, 26 or 28 of the Schedule where— in connection with a course beginning before 1 August 2021, a person (“A”) was undertaking that course in relation to an academic year beginning before that date, A is undertaking an academic year of that course or of a course to which A transfers from that course in accordance with regulations made under section 22 of the 1998 Act, and the course is specified as a qualifying course under regulation 3;

“qualified teacher” (“athro cymwysedig neu athrawes gymwysedig”) has the meaning given in section 132(1) of the Education Act 2002[^f00008];

“settled category” (“categori setledig”) means a category described in paragraph 3 or 16 of the Schedule;

“single course” (“cwrs sengl”) means a course described in— regulation 5(7) of the 2017 Regulations to which regulation 5(6) of those Regulations applies, or regulation 6(4) of the 2018 Regulations to which regulation 6(3) of those Regulations applies.

Schedule — Categories

Interpretation

1

(1) For the purposes of this Schedule—

“the 2020 Citizens’ Rights Regulations” (“Rheoliadau Hawliau Dinasyddion 2020”) means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020[^f00009];

“Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC[^f00010];

“EEA EFTA separation agreement” (“cytundeb gwahanu EFTA yr AEE”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020[^f00011];

“EEA frontier self-employed person” (“person hunangyflogedig trawsffiniol AEE”) means an EEA national who— is a self-employed person in the United Kingdom, and resides in Switzerland or the territory of an EEA State and returns to the national’s residence in Switzerland or that EEA State daily or at least once a week;

“EEA frontier worker” (“gweithiwr trawsffiniol AEE”) means an EEA national who— is a worker in the United Kingdom, and resides in Switzerland or the territory of an EEA State and returns to the national's residence in Switzerland or that EEA State daily or at least once a week;

“EEA migrant worker” (“gweithiwr mudol AEE”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

“EEA national” (“gwladolyn AEE”) means a national of an EEA State;

“EEA self-employed person” (“person hunangyflogedig AEE”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

“employed person” (“person cyflogedig”) means an employed person within the meaning of Annex 1 (Free Movement of Persons) to the Swiss Agreement;

“employment” (“cyflogaeth”) means full-time or part-time employment;

“EU national” (“gwladolyn UE”) means a national of a Member State of the European Union;

“European Economic Area” (“Ardal Economaidd Ewropeaidd”) means the area comprised by the EEA States;

“European Union” (“yr Undeb Ewropeaidd”) means the territory comprised by the Member States of the European Union as constituted from time to time;

“family member” (“aelod o deulu”) means— in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person, an EEA self-employed person or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 12(3)— that person’s spouse or civil partner, direct descendants of the person or of the person’s spouse or civil partner who are— under the age of 21, or dependants of the person or the person’s spouse or civil partner, or dependent direct relatives in the ascending line of the person or the person’s spouse or civil partner; in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person— the person’s spouse or civil partner, or the person’s child or the child of the person’s spouse or civil partner; in relation to an EU national who falls within Article 7(1)(c) of Directive 2004/38 or, for the purposes of paragraph 18, in relation to a relevant person of Northern Ireland who would fall within Article 7(1)(c) of Directive 2004/38 if that person were an EU national or solely an EU national— the national’s spouse or civil partner, or direct descendants of the national or the national’s spouse or civil partner who are— under the age of 21, or dependants of the national or the national’s spouse or civil partner; in relation to an EU national who falls within Article 7(1)(b) of Directive 2004/38 or, for the purposes of paragraph 18, in relation to a relevant person of Northern Ireland who would fall within Article 7(1)(b) of Directive 2004/38 if that person were an EU national or solely an EU national— the national’s spouse or civil partner, direct descendants of the national or the national’s spouse or civil partner who are— under the age of 21, or dependants of the national or the national’s spouse or civil partner, or dependent direct relatives in the national’s ascending line or of the national’s spouse or civil partner; in relation to a United Kingdom national, for the purposes of paragraphs 17, 19 and 23 and for the purposes of paragraphs 21 and 22 in relation to persons settled in the United Kingdom— the national’s spouse or civil partner, or direct descendants of the national or the national’s spouse or civil partner who are— under the age of 21, or dependants of the national or the national’s spouse or civil partner;

“immigration rules” (“rheolau mewnfudo”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971[^f00012];

“IP completion day” (“diwrnod cwblhau’r cyfnod gweithredu”) has the meaning given in section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“the Islands” (“yr Ynysoedd”) means the Channel Islands and the Isle of Man;

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

“person with protected rights” (“person sydd â hawliau gwarchodedig”) means— a person within the personal scope of the citizens’ rights provisions who— has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971[^f00013], does not require leave to enter or remain in the United Kingdom, is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period, within the meaning of that regulation, has not expired, or otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions, or a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules; In paragraph (1)(a)(iv) “citizens’ rights deeming provisions” means— Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement, Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement, or Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement;

“refugee” (“ffoadur”) means a person who is recognised by His 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 July 1951[^f00014] as extended by the Protocol thereto which entered into force on 4 October 1967[^f00015];

“relevant person of Northern Ireland” (“person perthnasol o Ogledd Iwerddon”) has the meaning given by residence scheme immigration rules;

“residence scheme immigration rules” (“rheolau mewnfudo’r cynllun preswylio”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

“self-employed person” (“person hunangyflogedig”) means— in relation to an EEA national, a person who is self-employed within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be, or in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 (Free Movement of Persons) to the Swiss Agreement;

“settled” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971[^f00016];

“Swiss Agreement” (“Cytundeb y Swistir”) means the Agreement between the European Union 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 June 1999[^f00017] and which came into force on 1 June 2002;

“Swiss citizens’ rights agreement” (“cytundeb ar hawliau dinasyddion Swisaidd”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“Swiss employed person” (“person cyflogedig Swisaidd”) means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

“Swiss frontier employed person” (“person cyflogedig trawsffiniol Swisaidd”) means a Swiss national who— is an employed person in the United Kingdom, and resides in Switzerland or in the territory of an EEA State and returns to the national’s residence in Switzerland or that EEA State daily or at least once a week;

“Swiss frontier self-employed person” (“person hunangyflogedig trawsffiniol Swisaidd”) means a Swiss national who— is a self-employed person in the United Kingdom, and resides in Switzerland or in the territory of an EEA State and returns to the national’s residence in Switzerland or that EEA State daily or at least once a week;

“Swiss self-employed person” (“person hunangyflogedig Swisaidd”) means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

“United Kingdom national” (“gwladolyn o’r Deyrnas Unedig”) has the meaning given by Article 2(d) of the EU withdrawal agreement;

“worker” (“gweithiwr”) means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement as the case may be;

“the Workers Regulation” (“y Rheoliad Gweithwyr”) means 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.

(2) 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.

(3) For the purposes of this Schedule, “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” is to be construed accordingly.

(4) For the purposes of this Schedule, a person (“P”) is to be treated as ordinarily resident in an area if P would have been so resident but for the fact that—

(a) P,

(b) P’s spouse or civil partner,

(d) in the case of dependent direct relatives in the ascending line, P’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.

(5) For the purposes of sub-paragraph (4), 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 naval, military or air forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces,

(c) 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 United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces, and

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

(6) For the purposes of this Schedule, an area other than the United Kingdom or Gibraltar which—

(a) was previously not part of the European Union or the European Economic Area, and

(b) at any time before or after these Regulations come into force has become part of either or both of these areas,

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

(7) For the purposes of this Schedule, a person who is ordinarily resident in Wales, England, Scotland or Northern Ireland having moved from one of those areas for the purpose of undertaking—

(a) the present course, or

(b) a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the present course,

is to be considered to be ordinarily resident in the place from which the person moved.

(8) 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

Persons who are settled in the United Kingdom

2

(1) A person who—

(a) is settled in the United Kingdom and does not fall within paragraph 4,

(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) 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 the Islands in accordance with paragraph 1(4).

Persons settled in the United Kingdom from the Channel Islands, the Isle of Man and the Republic of Ireland

3

(1) A person—

(a) who is settled in the United Kingdom and does not fall within paragraph 4,

(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 paragraph 1(4).

Persons within the personal scope of citizens’ rights provisions etc.

4

(1) A person who—

(a) meets one of the following conditions on the first day of an academic year of the course—

(i) the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules,

(ii) the person—

(aa) is within the personal scope of the citizens’ rights provisions,

(bb) is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom, and

(cc) would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave,

(iii) the person—

(aa) is within the personal scope of the citizens’ rights provisions,

(bb) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3), and

(cc) has or is treated as having a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016[^f00018], as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3), or

(iv) the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules,

(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 preceding the first day of the first academic year of the course, and

(d) in a case where the 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 before the period of residence referred to in paragraph (c).

(2) For the purposes of sub-paragraph (1)(a)(ii)(cc), “eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU (EU, other EEA and Swiss citizens and family members) to the immigration rules.

(3) For the purposes of sub-paragraph (1)(a)(iii), the citizens’ rights provisions referred to are—

(a) Article 18(3) (issuance of residence documents) of the EU withdrawal agreement,

(b) Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement, or

(4) In this paragraph “relevant period” has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations.

Refugees and their family members

5

(1) A person who—

(a) is a refugee,

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

(2) A person who—

(a) is the spouse or civil partner of a refugee,

(b) was the spouse or civil partner of the refugee on the date on which the refugee made an application for asylum,

(c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since the refugee was given leave to 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 the child of a refugee or the child of the spouse or civil partner of a refugee,

(b) on the date on which the refugee applied 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,

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

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

Protected persons and their family members

6

(1) A protected person who is ordinarily resident in—

(a) the United Kingdom and the Islands and has not ceased to be so resident since being granted such leave, and

(b) 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 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, 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 a protected child,

(b) on the leave application date was—

(i) under 18 years old, and

(ii) was the child of a protected person or, as the case may be, the child of a person who was the spouse or civil partner of the 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[^f00019] 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 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” (“dyddiad y cais i gael caniatâd i ddod i mewn neu i aros”) 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 person;

“protected child” (“plentyn a ddiogelir”) means— a child of a person who has— leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules, leave to remain as a stateless person under the immigration rules, or leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules; a child of the spouse of a civil partner of a person who has— leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules, or leave to remain as a stateless person under the immigration rules;

“protected person” (“person a ddiogelir”) means a person who has— leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules, leave to remain as a stateless person under the immigration rules, leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules, or leave to remain under paragraph 352J, 352K, 352L or 352T of the immigration rules (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave);

“protected spouse or civil partner” (“priod neu bartner sifil a ddiogelir”) means a spouse or civil partner of a person who has— leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules, or leave to remain as a stateless person under the immigration rules.

Protected partners and their children

7

(1) A protected partner who is ordinarily resident in—

(a) the United Kingdom and the Islands and has not ceased to be so resident since being granted such leave, and

(b) the United Kingdom on the first day of the first academic year of the course.

(2) A child of a protected partner who—

(a) on the leave application date was under 18 years old and was the child of a protected partner,

(b) 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

(3) In this paragraph—

“leave application date” (“dyddiad y cais i gael caniatâd i ddod i mewn neu i aros”) 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 partner;

“protected partner” (“partner a ddiogelir”) means a person who has leave to enter or remain in the United Kingdom as either a victim of domestic violence or domestic abuse or as a bereaved partner granted in any of the following cases— Case 1 In the case of a person granted leave to remain before 31 January 2024, under any of the following provisions of the immigration rules— paragraphs 289B and 289D (victims of domestic violence), paragraphs D-DVILR.1.1. and D-DVILR.1.2. of Appendix FM (victims of domestic abuse), paragraphs 40 and 41 of Appendix Armed Forces (victims of domestic violence who are partners of members of armed forces), paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of the immigration rules are met (bereaved spouses or civil partners), paragraphs D-BPILR.1.1. and D-BPILR.1.2. of Appendix FM (bereaved partners), paragraphs 36 and 37 of Appendix Armed Forces (bereaved partners), or paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of the immigration rules are met (bereaved unmarried or same sex partners); Case 2 In the case of a person granted leave to enter or remain on or after 31 January 2024, under either of the following provisions of the immigration rules— paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or paragraph BP 11.1 of Appendix Bereaved Partner; Case 3 In the case of a person granted leave to enter or remain on or after 5 October 2023, under paragraph AF (GHK) 14.1 of Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 of the immigration rules, as a bereaved partner; Case 4 In the case of a person granted leave to enter or remain before 5 October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1 July 1997.

Protected Ukrainian nationals and their family members

8

(1) A protected Ukrainian national who is ordinarily resident in—

(a) the United Kingdom and the Islands and has not ceased to be so resident since becoming a protected Ukrainian national, and

(b) 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 a 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 the 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” (“dyddiad y cais i gael caniatâd i ddod i mewn neu i aros”) 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;

“protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”) means a person who has leave to enter or remain in the United Kingdom granted— under any of the following provisions of Appendix Ukraine Scheme of the immigration rules— paragraph UKR 9.1[^f00020] (Ukraine Family Scheme); paragraph UKR 19.1 (Homes for Ukraine Sponsorship Scheme); paragraph UKR 27.1[^f00021] (Ukraine Extension Scheme); paragraph UKR 36.1 (Ukraine Permission Extension Scheme), or outside the immigration rules, where the person— was residing in Ukraine immediately before 1 January 2022, and left Ukraine in connection with the Russian invasion which took place on 24 February 2022.

Relevant Afghan citizens and their family members

9

(1) A relevant Afghan citizen who is ordinarily resident in—

(a) the United Kingdom and the Islands and has not ceased to be so resident since being granted such leave, and

(b) 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 relevant Afghan citizen,

(b) on the leave application date was the spouse or civil partner of 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 relevant Afghan citizen, or

(ii) the child of the spouse or civil partner of a relevant Afghan citizen,

(b) on the leave application date was—

(i) under 18 years old, and

(ii) the child of the relevant Afghan citizen or, as the case may be, the child of a person who was the spouse or civil partner of 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” (“dyddiad y cais i gael caniatâd i ddod i mewn neu i aros”) 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 relevant Afghan citizen;

“relevant Afghan citizen” (“dinesydd perthnasol o Affganistan”) means a person who has— indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules, indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy to the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix to the immigration rules, leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme, indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme, or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghanistan Response Route[^f00022].

Persons with leave to enter or remain and their family members

10

(1) A person with leave to enter or remain 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 period since being granted leave to enter or remain.

(2) A person who—

(a) is the spouse or civil partner of a person with leave to enter or remain,

(b) on the leave application date, was the spouse or civil partner of the person with leave to enter or remain, and

(3) A person who—

(a) is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain,

(b) on the leave application date, was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date,

(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” (“dyddiad y cais i gael caniatâd i ddod i mewn neu i aros”) means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom;

“person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”) means a person (“P”)— who has— applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is considered not to qualify for recognition as a refugee, it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly, not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly, been granted leave to remain on the grounds of family life under the immigration rules, been granted leave to remain on the grounds of private life under the immigration rules, or been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is not considered to qualify for leave to remain on the grounds of private or family life under the immigration rules, P has been granted leave to remain outside the rules on the grounds of Article 8 of the European Convention on Human Rights, and whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002[^f00023]).

Workers, employed persons and self-employed persons from the EEA and Switzerland etc. and their family members

11

(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 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 falls within paragraph (a)(iv), (v) or (vi) of that sub-paragraph.

12

(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 that sub-paragraph.

(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.

13

(1) A person 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 the reference to “another Member State” is to be read as including the United Kingdom and the references to “that State” construed accordingly.

(3) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.

14

(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.

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

15

(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,

(d) 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) in a case where the 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 United Kingdom, Gibraltar, 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 (“A” in this sub-paragraph) has exercised a right of residence—

(a) where A 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, A 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

(b) where A is settled in the United Kingdom and had the right of permanent residence, A has gone to the state within the territory comprising the European Economic Area and Switzerland of which A is a national or of which the person in relation to whom A is a family member is a national.

(3) For the purposes of this paragraph, 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.

16

(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,

(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.

EU nationals etc.

17

(1) A person who—

(a) is either—

(i) an EU national on the first day of an academic year of the course, or

(ii) a family member of such a person,

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

(c) 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 relevant territory 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—

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

(ii) an EU national, 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 relevant territory in accordance with paragraph 1(4).

(4) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.

EU nationals etc. with protected rights

18

(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 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 paragraph 1(4).

United Kingdom nationals ordinarily resident in the EEA, Switzerland or the EU overseas territories before IP completion day

19

(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,

(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 paragraph 1(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 and paragraph 20, “EU overseas territories” means the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten); Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Greenland; Mayotte; St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependences; and Wallis and Futuna.

Irish citizens in the EEA and Switzerland

20

(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,

(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 paragraph 1(4).

(3) “EU overseas territories” has the meaning given by paragraph 19(5).

Settled persons from the British overseas territories

21

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

(a) who is—

(i) settled in the United Kingdom,

(ii) a family member of a person who is settled in the United Kingdom, 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 paragraph 1(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.

(5) In this paragraph, “specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena; Ascension and Tristan da Cunha; Turks and Caicos Islands; and Virgin Islands.

Family members of persons settled in the United Kingdom

22

(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 paragraph 1(4).

Persons resident in Gibraltar

23

(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 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 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 paragraph 1(4).

EU nationals ordinarily resident in the United Kingdom and the Islands

24

(1) A person 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 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).

(2) Where a state accedes to the European 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 EU national on the first day of the first academic year of the course is treated as being satisfied.

25

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).

Children of Swiss nationals

26

(1) 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 (Free Movement of Persons) 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 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 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 before the period of ordinary residence referred to in paragraph (c).

(2) Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.

27

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).

Children of Turkish workers

28

(1) 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 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.

(2) In this paragraph and paragraph 29, “Turkish worker” means a Turkish national who—

(a) is ordinarily resident in the United Kingdom, and

(b) is, or has been, lawfully employed in the United Kingdom.

29

(1) 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,

(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.

(2) “Turkish worker” has the meaning given by paragraph 28(2).

Signed

Vikki Howells — Minister for Further and Higher Education, under authority of the Cabinet Secretary for Education, one of the Welsh Ministers — 25 February 2026

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations specify the qualifying courses and qualifying persons for the purposes of section 32 of the Tertiary Education and Research (Wales) Act 2022 (“the 2022 Act”).

Section 32 of the 2022 Act requires the Commission for Tertiary Education and Research (“the Commission”) to ensure that tertiary education providers which are registered in a category specified in regulations made by the Welsh Ministers are subject to a fee limit condition. That category of registration is specified in regulation 5 of the Commission for Tertiary Education and Research (Registration and De-registration of Tertiary Education Providers in Wales) Regulations 2024.

A fee limit condition requires such providers to—

have a fee limit statement approved by the Commission under section 47 of the 2022 Act, and

ensure that the fees payable to the provider by a qualifying person undertaking a qualifying course do not exceed the applicable fee limit specified in, or determined in accordance with, the fee limit statement.

The qualifying courses specified by regulation 3 are those courses that are listed in Condition 1 and which are designated by regulations made under section 22 of the Teaching and Higher Education Act 1998. Designation under those regulations means that students can apply for student support in respect of undertaking a course. There are exceptions relating to part-time courses and the provision of courses by persons on behalf of a registered provider.

The qualifying persons specified by regulation 4 are those persons who fall within any of the categories in the Schedule on the first day of the relevant academic year. This is subject to five exceptions, which are set out in paragraph (3).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

Footnotes

[^f00001]: 2022 asc 1.

[^f00002]: 1998 c. 30.

[^f00003]: 1998 c. 30. Section 22 was amended by the Learning and Skills Act 2000 (c. 21), section 146(2) and Schedule 11; the Income Tax (Earnings and Pensions) Act 2003 (c. 1), paragraph 236 of Schedule 6; the Finance Act 2003 (c. 14), section 147(3); the Higher Education Act 2004 (c. 8), sections 42(1) and 43 and Schedule 7; the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 257(2); the Education Act 2011 (c. 21), section 76(1) and (2)(a); S.I. 2013/1881, paragraph 6 of Schedule 1; and the Higher Education and Research Act 2017 (c. 29), section 88.

[^f00004]: 2017 c. 29.

[^f00005]: The Commission for Tertiary Education and Research was established by section 1 of the Tertiary Education and Research (Wales) Act 2022.

[^f00006]: S.I. 2017/47 (W. 21), amended by S.I. 2023/1349 (W. 243); there are other amending instruments but none is relevant to these Regulations.

[^f00007]: S.I. 2018/191 (W. 42), amended by S.I. 2023/1349 (W. 243); there are other amending instruments but none is relevant to these Regulations.

[^f00008]: 2002 c. 32.

[^f00009]: S.I. 2020/1209, amended by S.I. 2020/1309.

[^f00010]: OJ No L 158, 30.4.2004, p. 77, to which there are amendments not relevant to these Regulations.

[^f00011]: 2020 c. 1. There are amendments to section 39(1) not relevant to these Regulations.

[^f00012]: 1971 c. 77.

[^f00013]: 1971 c. 77. Section 3ZA was inserted by the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), section 2(2).

[^f00014]: Cmnd. 9171.

[^f00015]: Cmnd. 3906.

[^f00016]: 1971 c. 77. Section 33(2A) was inserted by paragraph 7(b) of Schedule 4 to the British Nationality Act 1981 (c. 61).

[^f00017]: Cm. 4904 and OJ No L 114, 30.4.2002, p. 6, to which there are amendments not relevant to these Regulations.

[^f00018]: S.I. 2016/1052, revoked by the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), Schedule 1, paragraph 2(2).

[^f00019]: 2016 c. 19.

[^f00020]: Paragraph UKR 9.1 was deleted by the Statement of Changes in Immigration Rules laid before Parliament on 19 February 2024 (HC 556). An electronic copy of HC 556 is available at https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-556-19-february-2024.

[^f00021]: Paragraph 27.1 was deleted by the Statement of Changes in Immigration Rules laid before Parliament on 26 November 2024 (HC 334). An electronic copy of HC 334 is available at https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-334-26-november-2024.

[^f00022]: The Afghanistan Response Route was discontinued on 4 July 2025. Ministry of Defence guidance in relation to this route is available here: https://www.gov.uk/guidance/afghanistan-response-route.

[^f00023]: 2002 c. 41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), Schedule 2, paragraph 20; the Immigration, Asylum and Nationality Act 2006 (c. 13), section 9; S.I. 2010/21, Schedule 1 paragraph 26; and the Immigration Act 2014 (c. 22), Schedule 9, paragraph 47.

Editorial notes

[^key-00dd6051c37479dc60ea24b4867378c4]: Words in reg. 3(2) substituted (31.3.2026) by The Higher Education (Qualifying Courses and Qualifying Persons) (Wales) (Amendment) Regulations 2026 (W.S.I. 2026/90), regs. 1(2), 2

[^key-c9bb9f85fcc952d9468607d4a9fc243f]: Reg. 1 in force at 1.4.2026, see reg. 1

[^key-c5973630660f2b7f0b451a8f84defcb7]: Sch. para. 13 in force at 1.4.2026, see reg. 1

[^key-a6c3a686d648f07a05528e9f1ee82109]: Sch. para. 14 in force at 1.4.2026, see reg. 1

[^key-c5f54d7e6ae49146a9fb3b0e74ff6fb5]: Reg. 3 in force at 1.4.2026, see reg. 1

[^key-da005e8be208d67c26c2c1ca45123f01]: Reg. 2 in force at 1.4.2026, see reg. 1

[^key-05411da58dc9668b00652ade7181657f]: Reg. 4 in force at 1.4.2026, see reg. 1

[^key-72b565737ef4f1a027675142253d757d]: Sch. para. 1 in force at 1.4.2026, see reg. 1

[^key-1da7438adaa088703818007a85dd0624]: Sch. para. 2 in force at 1.4.2026, see reg. 1

[^key-f8aaf35d0f438f43d2854a1318835cf9]: Sch. para. 3 in force at 1.4.2026, see reg. 1

[^key-fc451c52789f4bdc5a2394f6ca9caf47]: Sch. para. 4 in force at 1.4.2026, see reg. 1

[^key-9c5944609b093012e5dd0c796cb324aa]: Sch. para. 5 in force at 1.4.2026, see reg. 1

[^key-fd3ada7d43c6f4a5f5a984393eb9c07e]: Sch. para. 6 in force at 1.4.2026, see reg. 1

[^key-edda81e88dee629251daee6d1b864de9]: Sch. para. 7 in force at 1.4.2026, see reg. 1

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