The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018

• (b) at any time before or after these Regulations come into force has become part of one or other 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 an eligible prisoner is to be considered ordinarily resident in the part of the United Kingdom where the prisoner resided prior to sentencing.

PART 2 — Categories

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 3;

• (b) is ordinarily resident in Wales 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 Islands in accordance with paragraph 1(4).

3

• (1) A person who—

• (a) meets one of the following conditions—

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iv) 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, 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

• (v) 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 Wales 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) 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 before the period of ordinary residence referred to in sub-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 to the immigration rules.

• (3) For the purposes of sub-paragraph (1)(a)(iv), 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 (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

• (c) Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

Refugees and their family members

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• (1) A person who—

• (a) is a refugee;

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

• (c) is ordinarily resident in Wales 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 refugee;

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

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

• (d) is ordinarily resident in Wales 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 made the application 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;

• (c) was under 18 on the date on which the refugee made the application for asylum;

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

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

Persons granted stateless leave and their family members

5

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

Persons with leave to enter or remain and their family members

6

• (1) A person—

• (a) with leave to enter or remain;

• (b) who is ordinarily resident in Wales on the first day of the first academic year of the course; and

• (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.

• (2) A person—

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

• (b) who was the spouse or civil partner of the person with leave to enter or remain on the leave application date;

• (c) who is ordinarily resident in Wales on the first day of the first academic year of the course; and

• (d) 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.

• (3) A person—

• (a) who 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) who, 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;

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

• (d) who is ordinarily resident in Wales on the first day of the first academic year of the course; and

• (e) 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.

• (4) In this paragraph, “leave application date” 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.

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

7

• (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 Wales 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, Gibraltar, the European Economic Area and Switzerland 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 under these Regulations falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

8

• (1) A person who—

• (a) is ordinarily resident in Wales on the first day of the first academic year of the course;

• (b) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

• (c) is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day;

• (d) for the purposes of paragraph (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.

• (2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

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

9

• (1) A person who—

• (a) is settled in the United Kingdom;

• (b) was ordinarily resident in Wales and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day;

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

• (d) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

• (e) in a case where the person's 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 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 that person has gone to the state within the territory comprising the European Economic Area and Switzerland of which that person is a national or of which the person in relation to whom that person 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.

EU nationals

10

• (1) A person—

• (a) who, on the first day of the first academic year of the course, is—

• (i) an EU national;

• (ii) a United Kingdom national who has exercised a right of residence; or

• (iii) the family member of a person in sub-paragraph (i) or (ii);

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

• (c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

• (d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (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, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

• (3) Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state or the family member of 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.

• (4) For the purposes of this paragraph, a United Kingdom national has exercised a right of residence if that person has resided in Gibraltar or 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.

• (5) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

11

• (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 Wales 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, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

• (2) Where a state accedes to the EU 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.

Children of Swiss nationals

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• (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 to the Swiss Agreement;

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

• (c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course;

• (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 before the period of ordinary residence referred to in paragraph (c).

• (2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

Children of Turkish workers

13

A person who—

• (a) is the child of a Turkish worker;

• (b) is ordinarily resident in Wales 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, Gibraltar, the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

SCHEDULE 2 — INFORMATION

1

Every applicant and eligible student must, as soon as reasonably practicable after being requested to do so, provide the Welsh Ministers with such information as the Welsh Ministers consider the Welsh Ministers require for the purposes of these Regulations.

2

Every applicant and eligible student must forthwith notify the Welsh Ministers and provide the Welsh Ministers with particulars if any of the following occurs—

• (a) the applicant or student withdraws from, is suspended, abandons or is expelled from their course;

• (b) the applicant or student transfers to any other course at the same or at a different institution;

• (c) the applicant or student is absent from the course;

• (d) the month for the start or completion of the course changes;

• (e) the applicant or student's home or term-time address or telephone number changes;

• (f) the applicant or student becomes, or ceases to be, a prisoner or eligible prisoner.

3

Information provided to the Welsh Ministers under these Regulations must be in the format that the Welsh Ministers require and, if they require the information to be signed by the person providing it, an electronic signature in such form as the Welsh Ministers may specify satisfies such a requirement.

Signed

Kirsty Williams — Cabinet Secretary for Education, one of the Welsh Ministers — 2018-05-23

Explanatory note

(This note is not part of the Regulations)

Footnotes

Editorial notes