SCHEDULE 1

1

For the purposes of this Schedule—

  • “Directive 2004/38” means Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 M1 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

  • F40“EEA EFTA separation agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

  • F38...

  • “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 State F39... 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 F39... 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 F39...;

  • “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;

  • F41“EU national” means a national of a Member State of the European Union;

  • “family member” means—

    1. a

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

      1. i

        his spouse or civil partner;

      2. ii

        F11direct 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

          dependents 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 F42EU national who falls within article 7(1)(c) of Directive 2004/38—

      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 F42EU national who falls within article 7(1)(b) of Directive 2004/38—

      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 paragraph 9—

      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;

  • F12“person 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); and

    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;

  • F19“person granted stateless leave” means a person—

    1. a

      who 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

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

  • F13...

  • “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 28th July 1951 M2 as extended by the Protocol thereto which entered into force on 4th October 1967 M3;

  • F43“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

  • F44“right of permanent residence”, unless otherwise indicated, 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 IP completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before IP completion day;

  • “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 1971 M4;

  • “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 21st June 1999 M5 and which came into force on 1st June 2002;

  • F45“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 F39... 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 F39... 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.

  • “worker” means a worker within the meaning of article 7 of Directive 2004/38 or the EEA Agreement as the case may be.

F16Persons who are settled in the United Kingdom2

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;

ii

is ordinarily resident in the United Kingdom;

iii

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

b

subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.

2

Paragraph (b) 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 regulation 2(4).

3

A person who—

F47a

meets one of the following conditions—

i

the person is settled in the United Kingdom by reason of having acquired the right of permanent residence on the first day of an academic year of the course; or

ii

the person 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 IP completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before IP completion day;

b

is ordinarily resident in the United Kingdom 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 his 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 F46the United Kingdom, the F1European Economic Area, Switzerland and the overseas territories immediately before the period of residence referred to in paragraph (c).

Refugees and their family members4

1

A person—

a

who is a refugee;

b

who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since he was recognised as a refugee; and

c

who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

2

A person—

a

who is the spouse or civil partner of a refugee;

b

who was the spouse or civil partner of the refugee on the date on which the refugee made his application for asylum;

c

who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since he was given leave to remain in the United Kingdom; and

d

who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

3

A person—

a

who is the child of a refugee or the child of the spouse or civil partner of a refugee;

b

who, on the date on which the refugee made his 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

who was under 18 on the date on which the refugee made his application for asylum;

d

who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since he was given leave to remain in the United Kingdom; and

e

who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

F18Persons granted stateless leave and their family members4A

F241

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.

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;

F25b

who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

c

who is ordinarily resident in the United Kingdom 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 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

F26who was under 18 on the leave application date;

F27c

who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

d

who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

4

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).

F20Persons granted section 67 leave4B

A person who—

a

has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules;

b

has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; F28and

c

is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.F29...

F30d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21Persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse4C

A person—

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—

i

paragraph 289B (victims of domestic violence);

ii

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

iii

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

b

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

c

who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

F22Persons granted Calais leave4D

A person who—

a

has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971;

b

has been ordinarily resident in the United Kingdom and the Islands since the person was first granted such leave; F31and

c

is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.F32...

F33d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23Persons granted indefinite leave to remain as a bereaved partner4E

A person—

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—

i

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

ii

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

iii

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

iv

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

b

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

c

who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

F14Persons granted humanitarian protection and their family members5

1

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.

2

A person—

a

who is the spouse or civil partner of a person granted humanitarian protection;

b

who was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”); F34...

c

F35who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

d

who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

3

A person—

a

who is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;

b

who, on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;

c

who was under 18 on the asylum application date; F36...

d

F37who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

e

who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

Workers, employed persons, self-employed persons and their family membersF26

1

A person who—

a

is—

i

an EEA migrant worker or an EEA self-employed person;

ii

a Swiss employed person or a Swiss self-employed person;

iii

a family member of a person mentioned in paragraph (i) or (ii);

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; or

vi

a family member of a person mentioned in paragraph (iv) or (v);

b

subject to sub-paragraph (2), is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

c

has been ordinarily resident in the territory comprising F48the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

2

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

7

F491

A person who—

a

is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;

b

has been ordinarily resident in the territory comprising F51the United Kingdom, the F3European Economic Area, Switzerland and the overseas territories 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 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers M6, as extended by the EEA Agreement.

F502

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.

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere8

1

A person who—

a

is settled in the United Kingdom;

b

left the United Kingdom and exercised a right of residence F54before IP completion day after having been settled in the United Kingdom;

c

is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

d

has been ordinarily resident in the territory comprising F53the United Kingdom, the F4European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

e

in a case where his 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 F55the United Kingdom, Gibraltar, the European Economic Area 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 he is a United Kingdom national, 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 a person who F56had the right of permanent residence who in each case 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 or, in the case of a person who is settled in the United Kingdom and F56had the right of permanent residence, if he F57has gone to the state within the territory comprising the European Economic Area and Switzerland of which he is a national or of which the person in relation to whom he is a family member is a national.

F523

For the purposes of sub-paragraph (2), 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.

F58EU nationals9

1

A person who—

a

is either—

i

an F62EU national on the first day of an academic year of the course; or

ii

a family member of a such a person;

b

is undertaking the course in the United Kingdom;

F5c

F15subject to sub-paragraph (1A), has been ordinarily resident in the territory comprising F60the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

F6d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

subject to sub-paragraph (2), whose ordinary residence in the relevant territory has not during any part of the period referred to in F7paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

F611A

Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

a

is—

i

a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or

ii

an EU national; and

b

has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

2

Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the relevant territory in accordance with regulation 2(4).

F593

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.

10

1

A person who—

a

is F64an EU national on the first day of the first academic year of the course;

b

is ordinarily resident in the United Kingdom 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 his 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 F63the United Kingdom, the F8European Economic Area, Switzerland and the overseas territories immediately prior to the period of ordinary residence referred to in paragraph (c).

2

Where a state accedes to the European Community after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be F65an EU national on the first day of the first academic year of the course is treated as being satisfied.

Children of Swiss nationals11

F661

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 the United Kingdom on the first day of the first academic year of the course;

c

has been ordinarily resident in the territory comprising F69the United Kingdom, the F9European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

d

in a case where his 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 F68the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

F672

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.

Children of Turkish workers12

A person who—

a

is the child of a Turkish worker;

b

is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

c

has been ordinarily resident in the territory comprising F70the United Kingdom, the F10European Economic Area, Switzerland, Turkey and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

F17Long Residence13

1

A person—

a

who on the first day of the first academic year of the course either—

i

is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or

ii

is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either—

aa

half their life; or

bb

a period of twenty years;

b

who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;

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; and

d

subject to sub-paragraph (2), whose residence in the United Kingdom and Islands 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.

2

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 regulation 2(4).

SCHEDULE 2

PART 1Research Councils

Regulation 6

1

The Arts and Humanities Research Council.

2

The Biotechnology and Biological Sciences Research Council.

3

The Council for the Central Laboratory of the Research Councils.

4

The Economic and Social Research Council.

5

The Engineering and Physical Sciences Research Council.

6

The Medical Research Council.

7

The Natural Environment Research Council.

8

The Particle Physics and Astronomy Research Council.

PART 2Institutions

Regulation 6

9

The British Academy.

10

The British Museum (Natural History).

11

The Council for the Central Laboratory of the Research Councils.

12

The Royal Academy of Engineering.

13

The Royal Society.