The Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007

For the purposes of this Schedule—

• F83“the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

• “academic year” means the period of twelve months beginning on 1^st January, 1^st April, 1^st July or 1^st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1^st January and before 1^st April, on or after 1^st April and before 1^st July, on or after 1^st July and before 1^st August or on or after 1^st August and on or before 31^st December, respectively;

• “Directive 2004/38” means Directive 2004/38/EC of the European Parliament and of the Council of 29^th April 20046 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

• “ F84EU national” means a national of a Member State of the European Community;

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2^nd May 19927 as adjusted by the Protocol signed at Brussels on 17^th March 19938;

• F23“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—

  1. a

     is a self-employed person in the United Kingdom; and

  2. b

     resides in Switzerland or the territory of an EEA StateF24... and returns to his residence in Switzerland or that EEA State daily or at least once a week;

• “EEA frontier worker” means an EEA national who—

  1. a

     is a worker in the United Kingdom; and

  2. b

     resides in Switzerland or the territory of an EEA State F24...and returns to his 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 F24...;

• “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 person” means an employed person with the meaning of Annex 1 to the Swiss Agreement;

• “employment” means full-time or part-time employment;

• “European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;

• “European Economic Area” means the area comprised by the EEA States;

• “family member” means—

  1. a

     in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person F85, 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 6A(3) —

     1. i

        his spouse or civil partner;

     2. ii

        F12direct descendants of the person or of the person’s spouse or civil partner who are—

        1. aa

           under the age of 21; or

        2. bb

           dependants of the person or the person’s spouse or civil partner; or

     3. iii

        dependent direct relatives in his ascending line or that of his spouse or civil partner;

  2. b

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

     1. i

        his spouse or civil partner; or

     2. ii

        his child or the child of his spouse or civil partner;

  3. c

     in relation to an F86EU national who falls within Article 7(1)(c) of Directive 2004/38 F87or, for the purposes of paragraph 9ZA, 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 —

     1. i

        his spouse or civil partner; or

     2. ii

        direct descendants of his or of his spouse or civil partner who are—

        1. aa

           under the age of 21; or

        2. bb

           dependants of his or his spouse or civil partner;

  4. d

     in relation to an F88EU national who falls within Article 7(1)(b) of Directive 2004/38 F89or, for the purposes of paragraph 9ZA, 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 —

     1. i

        his spouse or civil partner;

     2. ii

        direct descendants of his or of his spouse or civil partner who are—

        1. aa

           under the age of 21; or

        2. bb

           dependants of his or his spouse or civil partner; or

     3. iii

        dependent direct relatives in his ascending line or that of his spouse or civil partner;

  5. e

     in relation to a United Kingdom national, for the purposes of F90paragraphs 9, 9ZB, 9ZC and 9ZD —

     1. i

        his spouse or civil partner; or

     2. ii

        direct descendants of his or of his spouse or civil partner who are—

        1. aa

           under the age of 21; or

        2. bb

           dependants of his or his spouse or civil partner;

• F16“the Islands” means the Channel Islands and the Isle of Man;

• “overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; F25Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten); Pitcairn, Henderson, Ducie & Oeno Islands; South Georgia and the South Sandwich Islands; F19St-Barthélemy ; St Helena and Dependencies (Ascension Island and Tristan de Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands and Wallis and Futuna;

• F60“persons granted humanitarian protection” means a person—

  1. a

     who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971;

  2. b

     whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002);

  3. c

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

• F61“person granted indefinite leave to remain as a bereaved partner” means a person—

  1. a

     granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

     1. i

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

     2. ii

        paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners),

     3. iii

        paragraph D-BPILR.1.1 of Appendix FM (bereaved partners), or

     4. iv

        paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces), and

  2. b

     who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

• F62“person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” means a person—

  1. i

     granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

     1. aa

        paragraph 289B (victims of domestic violence);

     2. bb

        paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or

     3. cc

        paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); and

  2. ii

     who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

• F63“person granted stateless leave” means a person who—

  1. a

     has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and

  2. b

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

• F91“person with protected rights” means—

  1. a

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

     1. 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, does not require leave to enter or remain in the United Kingdom; or

     3. iii

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

  2. 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;

• F64“person with leave to enter or remain on the grounds of discretionary leave” means a person (“P”)—

  1. a

     who has—

     1. 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 discretionary leave, or

     2. 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,

  2. b

     who has been granted leave to enter or to remain accordingly,

  3. 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

  4. d

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

• “refugee” 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^th July 195110 as extended by the Protocol thereto which entered into force on 4^th October 196711;

• F92relevant 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;

• F23“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

• F93...

• “self-employed person” means—

  1. 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

  2. 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;

• “settled” has the meaning given by section 33(2A) of the Immigration Act 197112;

• “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 21^st June 199913 and which came into force on 1^st June 2002;

• F23“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—

  1. a

     is an employed person in the United Kingdom; and

  2. b

     resides in Switzerland or in the territory of an EEA State F24...and returns to his residence in Switzerland or that EEA State daily or at least once a week;

• “Swiss frontier self-employed person” means a Swiss national who—

  1. a

     is a self-employed person in the United Kingdom; and

  2. b

     resides in Switzerland or in the territory of an EEA State F24...and returns to his 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;

• “Turkish worker” means a Turkish national who—

  1. a

     is ordinarily resident in the United Kingdom; and

  2. b

     is, or has been lawfully employed in the United Kingdom;

• F94“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.

For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.

For the purposes of this Schedule, “parent” F20means a parent, guardian or any other person having parental responsibility for a child and “child” is to be construed accordingly.

For the purposes of this Schedule, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place.

For the purposes of this Schedule a person who is ordinarily resident in the United Kingdom as a result of having moved from the Islands for the purpose of undertaking a course is to be considered to be ordinarily resident in the Islands;

For the purposes of this Schedule a person who is ordinarily resident in Northern Ireland as a result of having moved from England, Wales, Scotland or the Islands for the purpose of undertaking a course is to be considered as ordinarily resident in England, Wales, Scotland or the Islands as the case may be.

Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(3).

Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the relevant territory in accordance with paragraph 1(4).

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 (as defined in section 33(1) of the Immigration Act 1971).

A person granted humanitarian protection who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

A person granted stateless leave who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).

In this paragraph, “leave application date” means the date on which the person with leave to enter or remain on the grounds of discretionary leave made the application that led to that person being granted leave to enter or remain on the grounds of discretionary leave in the United Kingdom.

Paragraph (b) of sub-paragraph (1) does not apply where the person falls within paragraph (a)(iv), (v) or (vi) of that sub-paragraph.

Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

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.

For the purposes of paragraph 1(a)(iii) and (vi), an Irish citizen family member is not required to be living in the United Kingdom on IP completion day.

Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iii) or (iv) of sub-paragraph (1).

Any description of person who would have fallen within this paragraph immediately before IP completion day is to be treated as falling within this paragraph on and after IP completion day.