The Further Education Loans Regulations 2012

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

• (a) who is

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

• (ii) a person who is a British citizen and who—

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

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

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

• (c) who has been ordinarily resident in the specified British overseas territories for at least part of the three-year period preceding the first day of the designated further education 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 designated further education course;

• (e) who did not move to England from the Islands for the purpose of undertaking the current course or a course which the person undertook immediately before undertaking the current course; and

• (f) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

• (2) Paragraph (f) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with paragraph 1(5).

• (3) For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(ii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the designated further education course in which they are not ordinarily resident in the United Kingdom or the Islands.

• (4) Paragraphs (e) and (f) of sub-paragraph (1) do not apply to a person mentioned in paragraph (a)(ii) of that sub-paragraph.

Persons 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

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 first day of the designated further education course.

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 first day of the designated further education course.

• (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 first day of the designated further education course.

• (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;

• (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 first day of the designated further education course.

• (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

Students becoming eligible after a designated further education course has begun

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

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