
PART 1
1 

(1) The title of these Regulations is the Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021.
(2) These Regulations come into force on 31 December 2021.
PART 2
CHAPTER 1
2 
The Education (Fees and Awards) (Wales) Regulations 2007 are amended in accordance with this Part.
CHAPTER 2
3 
In the Schedule—
(a) in paragraph 1, in the definition of “person with protected rights”—
(i) the existing text after “means—” is numbered as paragraph (1) of that definition;
(ii) in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii) and after sub-paragraph (a)(iv) insert—“
(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or”
(iii) after that paragraph as so numbered, insert—“
(2) In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—
(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
(b) Article 17(2) and (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(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”
(b) in paragraph 2A(1)(a) and (b), for “on the first day of the first academic year of the course” in each case substitute “on the day on which the first term of the first academic year actually begins”;
(c) in paragraph 3(1)(a)(iv)—
(i) in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)”;
(ii) in paragraph (cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)”;
(iii) after sub-paragraph (2) insert—“
(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.”
CHAPTER 3
4 
In regulation 4—
(a) in paragraph (1)(a), after “9B,” insert “9BA,”;
(b) in paragraph (1B), for “paragraphs 8A and 9B” substitute “paragraphs 8A, 9B and 9BA”.
5 
In regulation 5—
(a) in paragraphs (1)(b)(i) and (c)(i), in each case after “9B,” insert “9BA,”;
(b) in paragraph (4), for “paragraphs 8A and 9B” substitute “paragraphs 8A, 9B and 9BA”.
6 
In regulation 6—
(a) in paragraphs (2)(a) and (3)(a), in each case after “9B,” insert “9BA,”;
(b) in paragraph (5), for “paragraphs 8A and 9B” substitute “paragraphs 8A, 9B and 9BA”.
7 
In regulation 7—
(a) in paragraphs (2)(a) and (3)(a), in each case after “9B,” insert “9BA,”;
(b) in paragraph (5), for “paragraphs 8A and 9B” substitute “paragraphs 8A, 9B and 9BA”.
8 
In regulation 8—
(a) in paragraphs (1)(a) and (2)(a), in each case after “9B,” insert “9BA,”;
(b) in paragraph (4), for “paragraph 8A and 9B” substitute “paragraphs 8A, 9B and 9BA”.
9 
In the Schedule, after paragraph 9B insert—“
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 31 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 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.”
PART 3
CHAPTER 1
10 
The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 are amended in accordance with this Part.
CHAPTER 2
11 
In the Schedule—
(a) in paragraph 1(1), in the definition of “person with protected rights”—
(i) the existing text after “means—” is numbered as paragraph (1) of that definition;
(ii) in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(ii), and after sub-paragraph (a)(iii) insert—“
(iv) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or”;
(iii) after that paragraph as so numbered, insert—“
(2) In paragraph (1)(iv) “citizens’ rights deeming provisions” means—
(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
(b) Article 17(2) and (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(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”
(b) in paragraph 2A(1)(a) and (b), for “on the first day of the first academic year of the course” in each case substitute “on the day on which the first term of the first academic year actually begins”;
(c) in paragraph 3—
(i) in sub-paragraph (1)(a)(iii)(bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)”;
(ii) in sub-paragraph (1)(a)(iii)(cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)”;
(iii) after sub-paragraph (2) insert—“
(3) For the purposes of sub-paragraph (1)(a)(iii), 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.”
CHAPTER 3
12 
In regulation 4—
(a) in paragraph (3A), for “paragraph 8A or 9B” substitute “paragraph 8A, 9B or 9BA”;
(b) in paragraph (9)(a), after “9B,” insert “9BA,”.
13 
In the Schedule, after paragraph 9B insert—“
9BA. 

(1) A person—
(a) who is an Irish citizen on the first day of the first 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 31 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 ordinary 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 paragraph 1(3).
(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.”
PART 4
CHAPTER 1
14 
The Education (Student Support) (Wales) Regulations 2017 are amended in accordance with this Part.
CHAPTER 2
15 
In regulation 2(1)—
(a) in the definition of “person with protected rights”—
(i) the existing text after “means—” is numbered as paragraph (1) of the definition;
(ii) in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii), and after sub-paragraph (a)(iv) insert—“
(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or”;
(b) after that paragraph as so numbered, insert—“
(2) In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—
(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
(b) Article 17(2) and (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(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”
16 
In regulation 4(10E)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”.
17 
In regulation 81(10E)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”.
18 
In regulation 110(12E)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”.
19 
In Schedule 1—
(a) in paragraph 2A—
(i) in sub-paragraph (1)(a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins”;
(ii) in sub-paragraph (1)(c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period”, and move the terminal “and” to the end of sub-paragraph (1)(d);
(iii) after sub-paragraph (1)(d) insert—“
(e) who did not move to Wales from the Islands for the purpose of undertaking the current course, or a course which, disregarding any intervening vacation, the person undertook immediately before the current course.”
(b) in paragraph 3—
(i) in sub-paragraph (1)(a)(iv)(bb) after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)”;
(ii) in sub-paragraph (1)(a)(iv)(cc) after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3)”;
(iii) after sub-paragraph (2) insert—“
(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.”
(c) in paragraph 9C(1), move the terminal “and” at the end of sub-paragraph (c) to the end of sub-paragraph (d), and after that sub-paragraph insert—“
(e) who did not move to Wales from the Islands for the purpose of undertaking the current course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course.”
CHAPTER 3
20 
In regulation 4(2)(a), after “9B,” insert “9BA,”.
21 
In regulation 23(2), after “9A,” insert “9BA,”.
22 
In regulation 41(3), after “9A,” insert “9BA,”.
23 
In regulation 81(2)(a), after “9B,” insert “9BA,”.
24 
In regulation 110(3)(a)(i), after “9B,” insert “9BA,”.
25 
In Schedule 1, after paragraph 9B insert—“
9BA. 

(1) A person—
(a) who is an Irish citizen on the first day of the first academic year of the course;
(b) who was ordinarily resident immediately before IP completion day—
(i) in the territory comprising the European Economic Area and Switzerland; or
(ii) in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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—
(i) undertaking a designated course in Wales; or
(ii) undertaking a designated part-time course or a designated postgraduate course in Wales;
(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) 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 (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, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).”
26 
In Schedule 4 paragraph (3), after “9B,” insert “9BA,”.
PART 5
CHAPTER 1
27 
The Education (Postgraduate Master’s Degree Loans) (Wales) Regulations 2017 are amended in accordance with this Part.
CHAPTER 2
28 
In regulation 2(1), in the definition of “person with protected rights”—
(a) the existing text after “means—” is numbered as paragraph (1) of that definition;
(b) in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii), and after sub-paragraph (a)(iv) insert—“
(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or”
(c) after that paragraph as so numbered, insert—“
(2) In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—
(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
(b) Article 17(2) and (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(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”
29 
In regulation 3(10)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”.
30 
In Schedule 1—
(a) in paragraph 2A—
(i) in sub-paragraph (1)(a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins”;
(ii) in sub-paragraph (1)(c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period”, and move the terminal “and” to the end of sub-paragraph (1)(d);
(iii) after sub-paragraph (1)(d) insert—“
(e) who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.”
(b) in paragraph 3(1)(a)(iv)—
(i) in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)”;
(ii) in paragraph (cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3)”;
(iii) after sub-paragraph (2) insert—“
(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.”;
(c) in paragraph 9C(1), move the terminal “and” at the end of sub-paragraph (c) to the end of sub-paragraph (d), and after that sub-paragraph insert—“
(e) who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.”
CHAPTER 3
31 
In regulation 3(2)(a), after “9B,” insert “9BA,”.
32 
In Schedule 1, after paragraph 9B, insert—“
9BA. 
A person—
(a) who is an Irish citizen on the first day of the first academic year of the course;
(b) who was ordinarily resident immediately before IP completion day—
(i) in the territory comprising the European Economic Area and Switzerland; or
(ii) in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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 a designated course in Wales;
(d) 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
(e) 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 (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, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).”
PART 6
CHAPTER 1
33 
The Education (Student Support) (Wales) Regulations 2018 are amended in accordance with this Part.
CHAPTER 2
34 
In regulation 23E(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”.
35 
In Schedule 1 paragraph 6(1), in the definition of “person with protected rights”—
(a) the existing text after “means—” is numbered as paragraph (1);
(b) in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii), and after sub-paragraph (a)(iv) insert—“
(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or”;
(c) after that paragraph as so numbered, insert—“
(2) In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—
(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
(b) Article 17(2) and (3) (issuance of residence documents during the transition period) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
(c) Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”
36 
In Schedule 2, in paragraph 1—
(a) in sub-paragraph (2)(a)(iv)—
(i) in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (5)”;
(ii) in paragraph (cc) after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (5)”;
(b) in sub-paragraph (3)—
(i) in paragraph (a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins”;
(ii) in paragraph (c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period”, and move the terminal “and” to the end of paragraph (d);
(iii) after paragraph (d) insert—“
(e) who did not move to Wales from the Islands for the purpose of undertaking the current course, or a course which, disregarding any intervening vacation, the person undertook immediately before the current course”.
(c) after sub-paragraph (4) insert—“
(5) For the purposes of sub-paragraph (2)(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.”
37 
In Schedule 2, in paragraph 6C move the terminal “and” at the end of sub-paragraph (c) to the end of sub-paragraph (d), and after that sub-paragraph insert—“
(e) who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.”
38 
In Schedule 4, in paragraph 13E(a)(i) for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”.
CHAPTER 3
39 
In regulation 9(1)(a)(i), after “6B” insert “6BA,”.
40 
In regulation 10(1), in exception 8 after “6B” insert “, 6BA”.
41 
In Schedule 2, after paragraph 6B insert—“
6BA. 

(1) A person—
(a) who is an Irish citizen on the first day of the first academic year of the course,
(b) who was ordinarily resident immediately before IP completion day—
(i) in the territory comprising the European Economic Area and Switzerland, or
(ii) in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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—
(i) undertaking a designated course in Wales, or
(ii) undertaking a designated postgraduate course in Wales,
(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) 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 (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, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 9(2).”
42 
In Schedule 4—
(a) in paragraph 4(1)(a)(i), after “6B,” insert “6BA,”;
(b) in paragraph 5(1), in exception 7 for “5A or 6B” substitute “5A, 6B or 6BA”.
PART 7
CHAPTER 1
43 
The Education (Postgraduate Doctoral Degree Loans) (Wales) Regulations 2018 are amended in accordance with this Part.
CHAPTER 2
44 
In regulation 2(1), in the definition of “person with protected rights”—
(a) the existing text after “means—” is numbered as paragraph (1) of the definition;
(b) in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii), and after sub-paragraph (a)(iv) insert—“
(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or”
(c) after that paragraph as so numbered, insert—“
(2) In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—
(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
(b) Article 17(2) and (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(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”
45 
In regulation 3(11)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”.
46 
In Schedule 1—
(a) in paragraph 2A—
(i) in sub-paragraph (1)(a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins”;
(ii) in sub-paragraph (1)(c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period”, and move the terminal “and” to the end of sub-paragraph (1)(d);
(iii) after sub-paragraph (1)(d) insert—“
(e) who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.”
(b) in paragraph 3(1)(a)(iv)—
(i) in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)”;
(ii) in paragraph (cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)”;
(iii) after sub-paragraph (2) insert—“
(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.”;
(c) in paragraph 10C(1), move the terminal “and” at the end of paragraph (c) to the end of paragraph (d), and after that paragraph insert—“
(e) who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.”
CHAPTER 3
47 
In regulation 3—
(a) in paragraph (2)(a), after “10B,” insert “10BA,”;
(b) in paragraph (2B), for “9A, 10B or 10D” substitute “9A, 10B, 10BA or 10D”.
48 
In Schedule 1, after paragraph 10B, insert—“
10BA. 

(1) A person—
(a) who is an Irish citizen on the first day of the first academic year;
(b) who was ordinarily resident immediately before IP completion day—
(i) in the territory comprising the European Economic Area and Switzerland; or
(ii) in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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 a designated course in Wales;
(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) 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 (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, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).”
PART 8
CHAPTER 1
49 
The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 are amended in accordance with this Part.
CHAPTER 2
50 
In regulation 12A(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”.
51 
In Schedule 1, paragraph 3(1), in the definition of “person with protected rights”—
(a) the existing text after “means—” is numbered as paragraph (1) of that definition;
(b) in that paragraph as so numbered, omit the terminal “or” at the end of paragraph (a)(iii), and after paragraph (a)(iv), insert—“
(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions, or”;
(c) after that paragraph as so numbered, insert—“
(2) In sub-paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—
(a) Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement,
(b) Article 17(2) and (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(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”
52 
In Schedule 2—
(a) in paragraph 1—
(i) in sub-paragraph (2)(a)(iv)—(aa) in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (5)”;(bb) in paragraph (cc) after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (5)”;
(ii) in sub-paragraph (3)—(aa) in paragraph (a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins”;(bb) in paragraph (c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period”, and move the terminal “and” to the end of sub-paragraph (1)(d);(cc) after paragraph (d) insert—“
(e) who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.”
(iii) after sub-paragraph (4) insert—“
(5) For the purposes of sub-paragraph (2)(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.”
53 
In paragraph 8C, move the terminal “and” at the end of sub-paragraph (c) to the end of sub-paragraph (d), and after that sub-paragraph insert—“
(e) who did not move to Wales from the Islands for the purpose of undertaking the designated course, or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course.”
CHAPTER 3
54 
In regulation 9(1)(a)(i), after “8B,” insert “8BA,”.
55 
In regulation 10(1), in exception 12 after “8B” insert “, 8BA”.
56 
In Schedule 2, after paragraph 8B insert—“
8BA. 

(1) A person—
(a) who is an Irish citizen on the first day of the first academic year of the course,
(b) who was ordinarily resident immediately before IP completion day—
(i) in the territory comprising the EEA and Switzerland, or
(ii) in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the EEA and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland 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 a designated course in Wales,
(d) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland 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, Gibraltar, the EEA and Switzerland 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, Gibraltar, the EEA and Switzerland in accordance with paragraph 1(5).”
Jeremy Miles
Minister for Education and the Welsh Language, one of the Welsh Ministers
1 December 2021