The Lifelong Learning (Fee Limits) Regulations 2026

Schedule 1 Qualifying persons

Regulations 3, 5 and 6 Part 1 Interpretation 1 (1) In this Schedule— “the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020; “Directive 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 in the territory of the Member States; “EEA EFTA separation agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020; “EEA frontier self-employed person” 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 their residence in Switzerland or that EEA state daily or at least once a week; “EEA frontier worker” 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 their residence in Switzerland or that EEA state daily or at least once a week; “EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom; “EEA national” means a national of an EEA state; “EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom; “employed” refers to full-time or part-time employment; “employed person” means an employed person within the meaning of Annex 1 to the Swiss Agreement; “EU national” means a national of a member State; “EU overseas territories” means Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna; “European Economic Area” means the area comprised by the EEA states; “family member” 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 15(3)— the person’s spouse or civil partner, direct descendants of the person or of the person’s spouse or civil partner who are— under 21 years of age, 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 that of 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 that person’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 person’s spouse or civil partner, direct descendants of the person or of the person’s spouse or civil partner who are— under 21 years of age, or dependants of the person or the person’s spouse or civil partner, or dependent direct relatives in the person’s ascending line or that 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 person’s spouse or civil partner, or direct descendants of the person or of the person’s spouse or civil partner who are— under 21 years of age, or dependants of the person or the person’s spouse or civil partner; in relation to a United Kingdom national, for the purposes of paragraphs 19 and 23, and for the purposes of paragraphs 21 and 22 in relation to a person settled in the United Kingdom— the person’s spouse or civil partner, or direct descendants of the person or the person’s spouse or civil partner who are— under 21 years of age, or dependants of the person or the person’s spouse or civil partner; “leave application date”, unless otherwise indicated, means the date on which the person made an application to remain in the United Kingdom; “overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; 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; and Wallis and Futuna; “parent” means a parent, guardian or any other person having parental responsibility for a child, and “child” is to be construed accordingly; “person with protected rights” means a person within either of the following paragraphs— 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, 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 has not expired, or otherwise has rights deemed to apply by virtue of any of the following (provisions regarding the issuance of residence documents)— Article 18(2) and (3) of the EU withdrawal agreement, Article 17(2) and (3) of the EEA EFTA separation agreement, or Article 16(2) and (3) of the Swiss citizens’ rights agreement; 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; “relevant period” has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations; “relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules; “residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020; “self-employed person” 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 to the Swiss Agreement; “settled in the United Kingdom” has the meaning given by section 33(2A) of the Immigration Act 1971; “specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; 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; and Turks and Caicos Islands; “Swiss Agreement” means the Agreement between the European Community 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 21st June 1999 and which came into force on 1st June 2002; “Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020; “Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom; “Swiss frontier employed person” 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 their residence in Switzerland or that EEA state daily or at least once a week; “Swiss frontier self-employed person” 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 their residence in Switzerland or that EEA state daily or at least once a week; “Swiss self-employed person” 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” has the meaning given by Article 2(d) of the EU withdrawal agreement; “worker” means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA agreement, as the case may be. (2) For the purposes of this Schedule— (a) a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom; (b) a person is within the personal scope of the citizens’ rights provisions if that person falls within any of the following (provisions regarding personal scope of the agreement)— (i) Article 10 of the EU withdrawal agreement, (ii) Article 9 of the EEA EFTA separation agreement, or (iii) Article 10 of the Swiss citizens’ rights agreement. (3) In 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 one or the other or both of those areas, is to be considered to have always been a part of the European Economic Area. (4) For the purposes of this Schedule— (a) a person (“A”) is to be treated as being ordinarily resident in a territory referred to in sub-paragraph (5) if A would have been so resident but for the fact that— (i) A, (ii) A’s spouse or civil partner, (iii) A’s parent, or (iv) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner, is or was temporarily employed outside the area in question; (b) a person is not to be treated as ordinarily resident in a place unless they lawfully reside in that place. (5) For the purposes of sub-paragraph (4)— (a) the territories are— (i) the United Kingdom; (ii) the United Kingdom and the Islands; (iii) the territory comprising the United Kingdom, the Islands and the Republic of Ireland; (iv) the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; (v) the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories; (vi) the territory comprising the United Kingdom, the Islands and the specified British overseas territories; (vii) the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories; (b) “temporarily employed” includes, in the cases of members of the regular naval, military or air forces of— (i) the Crown, any period which they serve outside the United Kingdom as members of such forces; (ii) 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; (iii) 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; (iv) 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. Part 2 Qualifying person: categories Persons who are settled in the United Kingdom 2 (1) A person— (a) who— (i) is settled in the United Kingdom and does not fall within paragraph 4, (ii) is ordinarily resident in the United Kingdom on the first day of the first course year of the course, and (iii) has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first course year of the course, and (b) subject to sub-paragraph (2), whose residence in the United Kingdom and the Islands has not during any part of the period referred to in paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education. (2) Sub-paragraph (1)(b) 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). 3 (1) A person— (a) who— (i) is settled in the United Kingdom and does not fall within paragraph 4, (ii) is ordinarily resident in the United Kingdom on the course start date, and (iii) 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 course year of the course, and (b) 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 (a)(iii) been wholly or mainly for the purpose of receiving full-time education. (2) Sub-paragraph (1)(b) 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). 4 (1) A person who— (a) comes within one of the following four sub-paragraphs— (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, 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); (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 course 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 course 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 before the period of ordinary 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 to the immigration rules. (3) For the purposes of sub-paragraph (1)(a)(iii)(bb) and (cc), “citizens’ rights provisions” means any of the following (provisions regarding the issuance of residence documents)— (a) Article 18(3) of the EU withdrawal agreement, (b) Article 17(3) of the EEA EFTA separation agreement, or (c) Article 16(3) of the Swiss citizens’ rights agreement. 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 (c) 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 refugee, (b) was the spouse or civil partner of the refugee on the date on which the refugee applied for asylum (“the asylum application date”), (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being given 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 the child of a refugee or the child of the spouse or civil partner of a refugee, (b) on the asylum application date, 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 years of age on the asylum application date, (d) is ordinarily resident in the United Kingdom and the 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. Persons granted stateless leave and their family members 6 (1) A person granted stateless leave, who is ordinarily resident in the United Kingdom on the course start date. (2) A person— (a) who— (i) is the spouse or civil partner of a person granted stateless leave, and (ii) on the leave application date, was the spouse or civil partner of the person granted stateless leave, (b) who is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom, and (c) who is ordinarily resident in the United Kingdom on the course start date. (3) A person— (a) who— (i) is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave, and (ii) on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave, (b) who was under 18 years of age on the leave application date, (c) who is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom, and (d) who is ordinarily resident in the United Kingdom on the course start date. Persons granted section 67 leave 7 A person granted section 67 leave, who is ordinarily resident in the United Kingdom on the course start date. Persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse and their children 8 (1) A person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse, who is ordinarily resident in the United Kingdom on the course start date. (2) A person granted indefinite leave to enter or remain— (a) who— (i) is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse, and (ii) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse, (b) who was under the age of 18 on the leave application date, (c) who has been ordinarily resident in the United Kingdom and the Islands since the person was granted such leave, and (d) who is ordinarily resident in the United Kingdom on the course start date. (3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules. Persons granted Calais leave 9 A person granted Calais leave, who is ordinarily resident in the United Kingdom on the course start date. Persons granted indefinite leave to enter or remain as a bereaved partner and their children 10 (1) A person granted indefinite leave to enter or remain as a bereaved partner, who is ordinarily resident in the United Kingdom on the course start date. (2) A person granted indefinite leave to enter or remain— (a) who— (i) is the child of a person granted indefinite leave to enter or remain as a bereaved partner, and (ii) on the leave application date, was the child of the person granted indefinite leave to enter or remain as a bereaved partner, (b) who was under the age of 18 on the leave application date, (c) who has been ordinarily resident in the United Kingdom and the Islands since the person was granted such leave, and (d) who is ordinarily resident in the United Kingdom on the course start date. (3) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a bereaved partner made an application to enter or remain in the United Kingdom on those grounds— (a) under the immigration rules, or (b) in the case of a person referred to in sub-paragraph (a)(vii) of the definition of “person granted indefinite leave to enter or remain as a bereaved partner” in regulation 3, outside the immigration rules. Persons granted leave under one of the Afghan Schemes and their family members 11 (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 the Islands and has not ceased to be so resident since being given 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 the person granted leave under one of the Afghan Schemes on that date, (c) was under 18 years of age on the leave application date, (d) is ordinarily resident in the United Kingdom and the 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. Evacuated or assisted British nationals from Afghanistan 12 (1) An evacuated or assisted British national from Afghanistan who is ordinarily resident in the United Kingdom on the course start date. (2) In this paragraph, “evacuated or assisted British national from Afghanistan” means a person— (a) who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act, (b) who was either— (i) evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021, or (ii) assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan, and (c) who has been ordinarily resident in the United Kingdom and the Islands since they were evacuated from or otherwise left Afghanistan. Persons granted leave under one of the Ukraine Schemes and their family members 13 (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 the Islands and has not ceased to be so resident since being given 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 the person granted leave under one of the Ukraine Schemes on that date, (c) was under 18 years of age on the leave application date, (d) is ordinarily resident in the United Kingdom and the 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. Persons granted humanitarian protection and their family members 14 (1) A person granted humanitarian protection, 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 humanitarian protection, (b) was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (“the asylum application date”), (c) is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being given 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 the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection, (b) on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date, (c) was under 18 years of age on the asylum application date, (d) is ordinarily resident in the United Kingdom and the 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. Workers, employed persons, self-employed persons and their family members 15 (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 course 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 course year of the course. (2) Sub-paragraph (1)(b) does not apply where the person falls within sub-paragraph (1)(a)(iv), (v) or (vi). (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. 16 (1) A person with protected rights who— (a) is ordinarily resident in the United Kingdom on the first day of the first course 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 course 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. (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 if it includes 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 17 (1) A person who— (a) is settled in the United Kingdom, (b) was ordinarily resident in the United Kingdom 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) was ordinarily resident immediately before IP completion day— (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 31st 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 course year of the course, (d) is ordinarily resident in the United Kingdom on the course start date, (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 course 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 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 (e). (2) For the purposes of this paragraph, a person has exercised a right of residence— (a) if the person is a United Kingdom national, is 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 (b) 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 18 (1) A person with protected rights— (a) who is— (i) an EU national on the first day of the first course 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 course 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) Sub-paragraph (1)(c) 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 course year of the course. (3) Sub-paragraph (1)(d) 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 19 (1) A person— (a) who is— (i) a United Kingdom national on the first day of a course 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 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 course 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 course 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) Sub-paragraph (1)(d) does not apply to the family member of a United Kingdom national, where the 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 course year of the course. (3) Sub-paragraph (1)(e) 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). 20 (1) A person— (a) who is an Irish citizen on the first day of a course 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 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 course 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 course 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) Sub-paragraph (1)(e) 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). 21 (1) 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, where they (the family member) would be settled in the United Kingdom if they were ordinarily resident in the United Kingdom, or (iii) 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 course 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 course 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) Sub-paragraph (1)(e) 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 sub-paragraph (1)(a)(iii) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first course year of the course in which they are not ordinarily resident in the United Kingdom or the Islands. (4) Sub-paragraph (1)(e) does not apply to a person mentioned in sub-paragraph (1)(a)(iii). 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 course 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 course 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) Sub-paragraph (1)(d) 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 course 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) Sub-paragraph (1)(c) 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 course year of the course. (3) Sub-paragraph (1)(d) 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 A person with protected rights who— (a) is an EU national on the first day of the first course year of the course, (b) is ordinarily resident in the United Kingdom on the first day of the first course 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 course 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 before the period of ordinary residence referred to in paragraph (c). Children of Swiss nationals 25 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 course 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 course 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 26 (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 course 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 course year of the course. (2) For the purposes of paragraph (1), “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. Long residence 27 (1) A person who on the first day of the first course year of the course— (a) is either— (i) under 18 years of age and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first course year of the course, or (ii) is 18 years of age or above and, preceding the first day of the first course year of the course, has lived in the United Kingdom throughout either— (aa) half their life, or (bb) a period of twenty years, (b) is ordinarily resident in the United Kingdom, (c) has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first course year of the course, and (d) has not been resident in the United Kingdom and the Islands during any part of the period referred to in paragraph (c) wholly or mainly for the purpose of receiving full-time education. (2) Sub-paragraph (1)(d) 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).