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.”.
Paragraph 3 was amended by S.R. 2021 No.85.
Paragraph 9C was inserted by S.R. 2021 No. 85.