The Education (European University Institute) (Wales) (Amendment) (EU Exit) Regulations 2021

Amendment of the Education (European University Institute) (Wales) Regulations 2014

4.  In regulation 3 (interpretation)—

(a) number the existing text as paragraph (1);

(b) in the appropriate place insert—

““2020 Citizens’ Rights Regulations” (“Rheoliadau Hawliau Dinasyddion 2020”) means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020(1);”;

““person granted leave to remain as a protected partner” (“person y rhoddwyd caniatâd iddo aros fel partner a ddiogelir”) means a person who has extant leave to remain in the United Kingdom as either a victim of domestic violence or domestic abuse or as a bereaved partner under any of the following provisions of the immigration rules—

(a)

paragraph 289B (victims of domestic violence);

(b)

paragraphs D-DVILR.1.1 and D-DVILR.1.2 of Appendix FM (victims of domestic abuse);

(c)

paragraphs 40 and 41 of Appendix Armed Forces (victims of domestic violence who are partners of members of the armed forces);

(d)

paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved spouses or civil partners);

(e)

paragraphs D-BPILR.1.1 and D-BPILR.1.2 of Appendix FM (bereaved partners);

(f)

paragraphs 36 and 37 of Appendix Armed Forces (bereaved partners); or

(g)

paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved unmarried or same sex partners);”;

““person with Calais leave” (“person sydd â chaniatâd Calais”) means a person with extant leave to remain under paragraphs 352J, 352K, 352L or 352T of the immigration rules (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave);”;

““person with protected rights” (“person sydd â hawliau gwarchodedig”) means—

(1) (a) a person within the personal scope of the citizens’ rights provisions who—

(i) has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules(2);

(ii) is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971(3), does not require leave to enter or remain in the United Kingdom;

(iii) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or

(iv) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or

(b) 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.

(2) In paragraph (1)(a)(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(4)); or

(c) Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement;”;

““relevant period” (“cyfnod perthnasol”) has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;”;

““relevant person of Northern Ireland” (“person perthnasol o Ogledd Iwerddon”) has the meaning given by residence scheme immigration rules;”;

““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;”;

““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;”;

(c) after paragraph (1) insert—

“(2) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a) Article 10 (personal scope) of the EU withdrawal agreement;

(b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.”

(1)

S.I. 2020/1209, amended by S.I. 2020/1309.

(2)

Defined in section 17(1) of the European Union (Withdrawal Agreement) Act 2020 (c. 1).

(3)

1971 c. 77, section 3ZA was inserted by the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20).

(4)

2020 c. 1.