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

• (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.

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 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).

United Kingdom nationals

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 31st December 2017immediately 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 Aruba; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna.

9C

• (1) Subject to 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 person who is a British citizen and who—

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

• (bb) is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;

• (b) who is 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.

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 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 Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

• (2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with regulation 2(4).

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 Islands

10A

A person with protected rights who—

• (a) is an EU national on the first day of the first academic year of the course;

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

• (c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and

• (d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories immediately prior to the period of ordinary residence referred to in paragraph (c).

Children of Swiss nationals

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 paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

Children of Turkish workers

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.

Long Residence

Persons granted leave under the Afghan Relocations and Assistance Scheme

5A

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

• (2) A person who—

• (a) is the spouse or civil partner of a person granted leave under one of the Afghan Schemes;

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

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

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

• (3) A person who—

• (a) is—

• (i) the child of a person granted leave under one of the Afghan Schemes; or

• (ii) the child of the spouse or civil partner of a person granted leave under one of the Afghan Schemes;

• (b) on the leave application date was—

• (i) the child of the person granted leave under one of the Afghan Schemes; or

• (ii) the child of a person who was the spouse or civil partner of a person granted leave under one of the Afghan Schemes on that date;

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

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

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

• (4) In this paragraph “leave application date” means the date on which the person granted leave under one of the Afghan Schemes made an application for leave to enter or remain in the United Kingdom.

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

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 31st December 2017immediately 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 Aruba; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna.

Persons resident in Gibraltar

EU nationals ordinarily resident in the United Kingdom and Islands

Children of Swiss nationals

Children of Turkish workers

Long Residence

Persons granted leave under the one of the Afghan Schemes

Evacuated or assisted British nationals from Afghanistan

5B

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

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

5C

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

• (2) A person who—

• (a) is the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;

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

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

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

• (3) A person who—

• (a) is—

• (i) the child of a person granted leave under one of the Ukraine Schemes; or

• (ii) the child of the spouse or civil partner of a person granted leave under one of the Ukraine Schemes;

• (b) on the leave application date, was—

• (i) the child of the person granted leave under one of the Ukraine Schemes; or

• (ii) the child of a person who was the spouse or civil partner of a person granted leave under one of the Ukraine Schemes on that date;

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

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

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

• (4) In this paragraph “leave application date” means the date on which the person granted leave under one of the Ukraine Schemes made an application for leave to enter or remain in the United Kingdom.

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

Persons resident in Gibraltar

EU nationals ordinarily resident in the United Kingdom and Islands

Children of Swiss nationals

Children of Turkish workers

Long Residence

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

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

Payments by a combined county authority

9B

• (1) Subject to paragraph (4), it shall be lawful for a combined county authority to adopt rules of eligibility for awards by an institution to which the combined authority makes grants, loans or other payments under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 which confine eligibility to those persons who fall within any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 5A, 5B, 5C, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1.

• (2) Subject to paragraph (4), it shall be lawful for an institution to which a combined county authority provides financial resources to adopt rules of eligibility for awards (however described) which confine eligibility to those persons who fall within any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 5A, 5B, 5C, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1.

• (3) In this regulation, a “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 that exercises functions under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 by virtue of an order under section 19 of the Levelling-up and Regeneration Act 2023.

• (4) In relation to an award made on or after 1st January 2028, paragraphs (1) and (2) have effect as if, in each case, they did not mention paragraphs 8A, 9B, 9BA and 9E of Schedule 1.

Revocation

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

Payments by a local authority

9C

• (1) Subject to paragraph (4), it shall be lawful for a local authority to adopt rules of eligibility for awards by an institution to which the local authority makes grants, loans or other payments under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 which confine eligibility to those persons who fall within any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 5A, 5B, 5C, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1.

• (2) Subject to paragraph (4), it shall be lawful for an institution to which a local authority provides financial resources to adopt rules of eligibility for awards (however described) which confine eligibility to those persons who fall within any of paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 5A, 5B, 5C, 6A, 7A, 8A, 9A, 9B, 9BA, 9C, 9D, 9E, 10A, 11A, 12A and 13 of Schedule 1.

• (3) In this regulation, “local authority” means a local authority that exercises functions under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 by virtue of regulations made under section 16 of the Cities and Local Government Devolution Act 2016.

• (4) In relation to an award made on or after 1st January 2028, paragraphs (1) and (2) have effect as if, in each case, they did not mention paragraphs 8A, 9B, 9BA and 9E of Schedule 1.

Revocation