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

• (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.

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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

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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 (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.

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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

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• (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.

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• (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,

• (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.

• (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—

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

Editorial notes