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The Education (Student Support) (Wales) Regulations 2018

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Point in time view as at 28/01/2021.

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Regulation 9(1)(a)

SCHEDULE 2E+WCategories of eligible student

Category 1 – Persons settled in the United KingdomE+W

1.—(1) A person—

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

(i)is settled in the United Kingdom other than by reason of having acquired the right of permanent residence, and

(ii)is ordinarily resident in Wales,

(b)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, and

(c)whose residence in the United Kingdom and Islands has not, during any part of the period referred to in paragraph (b), been wholly or mainly for the purpose of receiving full-time education (unless the person is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 9(2)).

(2) A person who—

[F1(a)either—

(i)is settled in the United Kingdom by virtue of having acquired the right of permanent residence, or

(ii)falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day,]

(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 [F2the United Kingdom, Gibraltar,] the EEA and Switzerland immediately before the period of ordinary residence referred to in sub-paragraph (c).

Textual Amendments

Category 2 – Refugees and their family membersE+W

2.—(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 years old 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.

[F3Category 2ZA - Protected persons and their family membersE+W

2ZA.—(1) A person—

(a)granted leave to enter or remain as a protected person,

(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was granted such leave, and

(c)who 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 person granted leave to enter or remain as a protected person,

(b)on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person, and

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

(3) A person—

(a)who—

(i)is the child of a person granted leave to enter or remain as a protected person, or the child of the spouse or civil partner of a person granted leave to enter or remain as a protected person, and

(ii)on the leave application date, was the child of a person granted leave to enter or remain as a protected person or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person,

(b)who was under 18 on the leave application date, and

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

(4) In this paragraph—

(a)“leave application date” means the date on which a person made an application for leave to enter or remain in the United Kingdom that results in a person becoming a person granted leave to enter or remain as a protected person;

(b)“person granted leave to enter or remain as a protected person” means a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules.]

Textual Amendments

[F4Category 2A - Persons granted stateless leave and their family membersE+W

2A.—[F5(1) A person granted stateless leave who is ordinarily resident in Wales on the first day of the first academic year of the course.]

(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 a person granted stateless leave, [F6and]

(b)who is ordinarily resident in Wales on the first day of the first academic year of the course[F7.]

F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 on the leave application date, [F9and]

(c)who is ordinarily resident in Wales on the first day of the first academic year of the course[F10.]

F11(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this paragraph—

(a)“leave application date” (“dyddiad y cais i gael caniatâd i aros”) means the date on which a person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules,

(b)“person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”) means a person who—

(i)has extant leave to remain as a stateless person under the immigration rules, and

(ii)has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave.]

Textual Amendments

Category 3 – Persons with leave to enter or remain and their family membersE+W

3.—(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,

[F12(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,

[F13(b)who, on the leave application date, was under 18 years old and 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 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.

(4) In this paragraph, a “person with leave to enter or remain” means a person (“P”)—

[F14(a)who has—

(i)applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is considered not to qualify for recognition as a refugee it is thought right to allow P to enter or remain in the United Kingdom on the grounds of F15... discretionary leave, and who has been granted leave to enter or remain accordingly,

(ii)not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly,

[F16(iia)been granted leave to remain on the grounds of family life under the immigration rules;]

(iii)been granted leave to remain on the grounds of private life under the immigration rules,

(iv)been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is not considered to qualify for leave to remain on the grounds of private [F17or family] life under the immigration rules, P has been granted leave to remain outside the rules on the grounds of Article 8 of the European Convention on Human Rights,]

(c)whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and

(d)who has been ordinarily resident in the United Kingdom and Islands throughout the period since P was granted leave to enter or remain.

[F18(5) 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.]

Textual Amendments

[F19Category 3A – Persons with section 67 leave to remainE+W

3A.—(1) A person who—

(a)is a person with section 67 leave to remain, [F20and]

(b)is ordinarily resident in Wales on the first day of the first academic year of the course[F21.]

F22(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A person who—

(a)is the child of a person with section 67 leave to remain,

(b)on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain, [F23and]

(c)is ordinarily resident in Wales on the first day of the first academic year of the course[F24.]

F25(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this paragraph—

“leave application date” (“dyddiad y cais i gael caniatâd i aros”) means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.

“person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”) means a person who—

(a)

has extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules, and

(b)

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave.]

Textual Amendments

F19Sch. 2 para. 3A inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(3)(a), 56

Category 4 – Workers, employed persons, self-employed persons and their family membersE+W

4.—(1) A person who—

(a)is one of the following—

(i)an EEA migrant worker or an EEA self-employed person, who is ordinarily resident in Wales on the first day of the first academic year of the course;

(ii)a Swiss employed person or a Swiss self-employed person, who is ordinarily resident in Wales on the first day of the first academic year of the course;

(iii)a family member of a person mentioned in sub-paragraph (i) or (ii), who is ordinarily resident in Wales on the first day of the first academic year of the course;

(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;

(vi)a family member of a person mentioned in sub-paragraph (iv) or (v), and

(b)has been ordinarily resident in the territory comprising [F26the United Kingdom, Gibraltar,] the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.

(2) 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 [F27the 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

(c)is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council on freedom of movement for workers within the Union, as extended by the EEA Agreement M1.

[F28(2A) Any description of person who would have been eligible under sub-paragraph (2) immediately before implementation period completion day is to be eligible on and after implementation period completion day.]

(3) In sub-paragraph (1)—

“EEA frontier self-employed person” (“person hunangyflogedig trawsffiniol AEE”) means an EEA national who—

(a)

is a self-employed person in Wales, and

(b)

resides in Switzerland or the territory of an EEA State F29... and returns to the national's residence in Switzerland or that EEA State, as the case may be, at least once a week;

“EEA frontier worker” (“gweithiwr trawsffiniol AEE”) means an EEA national who—

(a)

is a worker in Wales, and

(b)

resides in Switzerland or the territory of an EEA State F30... and returns to the national's residence in Switzerland or that EEA State, as the case may be, at least once a week;

“EEA migrant worker” (“gweithiwr mudol AEE”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

“EEA self-employed person” (“person hunangyflogedig AEE”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

“family member” (“aelod o deulu”) means—

(a)

in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person—

(i)

the person's spouse or civil partner,

(ii)

direct descendants of the person or of the person's spouse or civil partner who are under the age of 21 or who are 21 or over and are dependants of the person or the person's spouse or civil partner, or

(iii)

dependent direct relatives in the ascending line of the person or that of the person's spouse or civil partner;

(b)

in relation to a Swiss frontier employed person, a Swiss employed person, a Swiss frontier self-employed person or a Swiss self-employed person—

(i)

the person's spouse or civil partner, or

(ii)

the person's child or the child of the person's spouse or civil partner;

“Swiss employed person” (“person cyflogedig Swisaidd”) means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

“Swiss frontier employed person” (“person cyflogedig trawsffiniol Swisaidd”) means a Swiss national who—

(a)

is an employed person in Wales, and

(b)

resides in Switzerland or in the territory of an EEA State F30... and returns to the national's residence in Switzerland or that EEA State, as the case may be, at least once a week;

“Swiss frontier self-employed person” (“person hunangyflogedig trawsffiniol Swisaidd”) means a Swiss national who—

(a)

is a self-employed person in Wales, and

(b)

resides in Switzerland or in the territory of an EEA State, F29... and returns to the national's residence in Switzerland or that EEA State, as the case may be, at least once a week;

“Swiss self-employed person” (“person hunangyflogedig Swisaidd”) means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom.

(4) For the purposes of sub-paragraph (3)—

“EEA national” (“gwladolyn AEE”) means a national of an EEA State F30...;

“employed person” (“person cyflogedig”) means an employed person within the meaning of Annex 1 to the Swiss Agreement;

“self-employed person” (“person hunangyflogedig”) means—

(a)

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

(b)

in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;

“worker” (“gweithiwr”) means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be.

Textual Amendments

Marginal Citations

M1OJ No L141, 27.05.2011, p. 1.

Category 5 – Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereE+W

5.—(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 [F31before implementation period completion day] ,

(c)is ordinarily resident in the United Kingdom on the day on which the course begins,

(d)has been ordinarily resident in the territory comprising [F32the 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)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 [F33the United Kingdom, Gibraltar,] the EEA 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 sub-paragraph (3) or (4) applies to the person.

(3) This sub-paragraph applies to a person who is—

(a)a United Kingdom national,

(b)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

(c)a person who [F34had the right] of permanent residence,

who 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.

(4) This paragraph applies to a person (“P”)—

(a)who is settled in the United Kingdom and [F35had the right] of permanent residence, and

(b)who [F36has gone] to the state within the territory comprising the EEA and Switzerland of which P is a national or of which the person in relation to whom P is a family member is a national.

(5) For the purposes of sub-paragraph (4), P is a family member of another person (“Q”) if P—

(a)is Q's spouse or civil partner,

(b)is a direct descendant of Q or of Q's spouse or civil partner and P—

(i)is under the age of 21, or

(ii)is 21 or over and a dependant of Q or of Q's spouse or civil partner, or

(c)where Q is an EU national who falls within Article 7(1)(b) of Directive 2004/38, is a dependent direct relative in Q's ascending line or that of Q's spouse or civil partner.

[F37(6) 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.]

Textual Amendments

Category 6 – EU nationalsE+W

6.—(1) A person—

[F38(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 undertaking a designated course in Wales,

(c)who has been ordinarily resident in the territory comprising [F39the 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

(d)whose ordinary residence in the territory comprising [F40the United Kingdom, Gibraltar,] the EEA 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 (unless the person is treated as being ordinarily resident in that territory in accordance with paragraph 9(2)).

[F41(1A) Any description of person who would have been eligible under sub-paragraph (1) immediately before implementation period completion day is to be eligible on and after implementation period completion day.]

(2) A person who—

(a)is an EU national F42...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 [F43the United Kingdom, Gibraltar,] the EEA and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(3) 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 sub-paragraph (1)(a) or (2)(a) is treated as being satisfied.

[F44(4) For the purpose of sub-paragraph (1)(a), 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) For the purposes of sub-paragraph (1)(a), a person (“P”) is a family member of another person (“Q”) if—

(a)P is Q's spouse or civil partner,

(b)P is a direct descendant of Q or of Q's spouse or civil partner and P—

(i)is under the age of 21, or

(ii)is 21 or over and a dependant of Q or of Q's spouse or civil partner, or

(c)in a case where Q is an EU national who falls within Article 7(1)(b) of Directive 2004/38, P is a dependent direct relative in Q's ascending line or that of Q's spouse or civil partner.

Textual Amendments

[F45Category 7 – Children of Swiss nationalsE+W

7.—(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 EEA and Switzerland 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 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 EEA 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 implementation period completion day is to be eligible on and after implementation period completion day.]

Textual Amendments

Category 8 – Children of Turkish workersE+W

8.—(1) 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 [F46the United Kingdom, Gibraltar,] the EEA, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

(2) In this paragraph, “Turkish worker” means a Turkish national who—

(a)is ordinarily resident in the United Kingdom and Islands, and

(b)is, or has been, lawfully employed in the United Kingdom.

Textual Amendments

Ordinary residence – additional provisionE+W

9.—(1) For the purposes of this Schedule, a person who is ordinarily resident in England, Wales, Scotland, Northern Ireland or the Islands, as a result of having moved from another of those areas for the purpose of undertaking—

(a)the present course, or

(b)a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the present course,

is to be considered to be ordinarily resident in the place from which the person moved.

(2) For the purposes of this Schedule, a person (“P”) is to be treated as ordinarily resident in Wales, the United Kingdom and Islands or in the territory comprising [F47the United Kingdom, Gibraltar,] the EEA, Switzerland and Turkey if P would have been so resident but for the fact that—

(a)P,

(b)P's spouse or civil partner,

(c)P's parent, or

(d)in the case of a dependent direct relative in the ascending line, P's child or child's spouse or civil partner,

is or was temporarily employed outside Wales, the United Kingdom and Islands or the territory comprising [F47the United Kingdom, Gibraltar,] the EEA, Switzerland and Turkey.

(3) For the purposes of sub-paragraph (2), temporary employment outside Wales, the United Kingdom and Islands or the territory comprising [F47the United Kingdom, Gibraltar,] the EEA, Switzerland and Turkey includes—

(a)in the case of members of the armed forces, any period which they serve outside the United Kingdom as members of such forces;

(b)in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising [F47the United Kingdom, Gibraltar,] the EEA and Switzerland as members of such forces;

(c)in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising [F47the United Kingdom, Gibraltar,] the EEA, Switzerland and Turkey as members of such forces.

(4) For the purposes of this Schedule, an eligible student who is a prisoner is to be considered to be ordinarily resident in the part of the United Kingdom where the prisoner resided prior to sentencing.

(5) For the purposes of this Schedule, an area [F48other than the United Kingdom or Gibraltar] which—

(a)was previously not part of the EU or the EEA, but

(b)at any time before or after these Regulations come into force becomes part of one or other or both of these territories,

is to be considered to have always been a part of the EEA.

Textual Amendments

Further provision on ordinary residence: care leaversE+W

10.—(1) A care leaver is treated as being ordinarily resident in Wales on the first day of the first academic year of the present course even if, on that day, the care leaver—

(a)is looked after outside Wales (in a case where regulation 49(c)(i) applies to the student), or

(b)is residing outside Wales under a special guardianship order (in a case where regulation 49(c)(ii) applies to the student),

under arrangements made by a Welsh local authority.

(2) In paragraph (1)—

“care leaver” (“person sy'n ymadael â gofal”) has the meaning given in regulation 49;

“looked after” (“derbyn gofal”) has the meaning given in section 74 of the Social Services and Well-being (Wales) Act 2014;

“Welsh local authority” (“awdurdod lleol Cymreig”) means a local authority within the meaning given by section 197(1) of that Act.

InterpretationE+W

11.  In this Schedule—

“Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the member States M2;

“EEA” (“AEE”) means the European Economic Area, that is to say the territory comprised by the EEA States;

[F49“EEA EFTA separation agreement” (“cytundeb gwahanu EFTA yr AEE”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;]

[F50“immigration rules” (“rheolau mewnfudo”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;]

“Islands” (“Ynysoedd”) means the Channel Islands and the Isle of Man;

“parent” (“rhiant”) includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” is to be construed accordingly;

“refugee” (“ffoadur”) means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 July 1951 M3 as extended by its 1967 Protocol M4;

[F49“residence scheme immigration rules” (“rheolau mewnfudo’r cynllun preswylio”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;]

[F51“right of permanent residence” (“hawl i breswylio’n barhaol”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;]

“settled” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971 M5;

“Swiss Agreement” (“Cytundeb y Swistir”) means the Agreement between the EU 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 21 June 1999 M6 and which came into force on 1 June 2002.

[F49“Swiss citizens’ rights agreement” (“cytundeb ar hawliau dinasyddion Swisaidd”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020.]

Textual Amendments

Marginal Citations

M2OJ No L158, 30.04.2004, p.77-123.

M3Cmnd. 9171.

M4Cmnd. 3906, the Protocol entered into force on 4 October 1967.

M51971 c.77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).

M6Cm. 4904 and OJ No Ll 14, 30.04.02, p6.

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