PART 2

CHAPTER 4Citizens’ Rights, residency and removal of references to grace period

Amendments to the 2009 Regulations

31.  In Part 2 of Schedule 2—

(a)in paragraph 3(1)(a)(1)—

(i)omit sub-paragraph (iii);

(ii)in sub-paragraph (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)”;

(iii)in sub-paragraph (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)”;

(b)after paragraph 3(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—

(i)insert “(1)” before “A person”;

(ii)in the newly numbered sub-paragraph (1)(2), move the terminal “and” after sub-paragraph (c) to after sub-paragraph (d), and after that sub-paragraph insert—

(e)who did not move to Northern Ireland 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..

(1)

Paragraph 3 was amended by S.R. 2021 No.85.

(2)

Paragraph 9C was inserted by S.R. 2021 No. 85.