SCHEDULE 1

1

F781

For the purposes of this Schedule—

  • F80“the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

  • “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 F81, 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

        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 F82or, for the purposes of paragraph 9A, 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 F42EU national who falls within article 7(1)(b) of Directive 2004/38 F83or, for the purposes of paragraph 9A, 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 F84, F103paragraphs 9, 9B, 9E or for the purposes of paragraphs 9C and 9D in relation to a person settled in the United Kingdom —

      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;

  • F105...

  • 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;

  • F112“person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

  • “person granted leave under the Afghan Citizens Resettlement Scheme” means a person—

    1. a

      who has—

      1. i

        indefinite leave to enter or remain in the United Kingdom, outside the immigration rules as defined in section 33(1) of the Immigration Act 1971, on the basis of the Afghan Citizens Resettlement Scheme; or

      2. ii

        indefinite leave to enter or remain in the United Kingdom, outside those rules, as the spouse, civil partner or dependent child of such a person, or dependent child of the spouse or civil partner; and

    2. b

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

  • F104“person granted leave under the Afghan Relocations and Assistance Scheme” means a person—

    1. a

      who has —

      1. i

        indefinite leave to enter the United Kingdom under paragraph 276BA2, or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph F114276BB1(iii)(a) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971;

      2. ii

        leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance F113Policy Scheme;

      3. iii

        indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance F113Policy Scheme; or

      4. iv

        leave to enter or indefinite leave to enter the United Kingdom as the spouse, civil partner or dependent child of such a person or dependent child of the spouse or civil partner, having been granted that leave under paragraph F115276BJ2 or 276BO2 of those rules;

    2. b

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

  • 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;

  • F85“person with protected rights” means—

    1. 1
      1. (a)

        F95a 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;

        3. iii

          F106...

        4. iv

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

        5. v

          F96otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; 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;

    1. (2)

      F97In paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—

      1. a

        Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

      2. 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); or

      3. c

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

  • 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;

  • F86“relevant 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;

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

  • F87...

  • “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;

  • F44“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;

  • F88“United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement;

  • “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.

F792

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.

3

For the purposes of this Schedule, 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; or

c

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

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

F89is settled in the United Kingdom and does not fall within paragraph 3;

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).

F702A

1

A person—

a

who is settled in the United Kingdom F98on the day on which the first term of the first academic year actually begins and does not fall within paragraph 3;

b

who is ordinarily resident in the United Kingdom F98on the day on which the first term of the first academic year actually begins;

c

who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the Republic of Ireland 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 ordinary residence in the territory comprising the United Kingdom, the Islands and the Republic of Ireland 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 territory comprising the United Kingdom, the Islands and the Republic of Ireland in accordance with regulation 2(4).

3

F901

A person who—

F92a

meets one of the following conditions on the first day of an academic year of the course—

i

the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

ii

the person—

aa

is within the personal scope of the citizens’ rights provisions;

bb

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

cc

would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave;

F107iii

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

iv

the person—

aa

is within the personal scope of the citizens’ rights provisions;

bb

is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations F100or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3); and

cc

has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period F101or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3); or

v

the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules;

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 F45the United Kingdom, the F1European Economic Area, Switzerland and the overseas territories immediately before the period of residence referred to in paragraph (c).

F912

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).

F993

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.

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 F108granted such leave to remain; 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.

F102Persons granted leave under the F116one of the Afghan Schemes5A

A person granted leave under F117one of the Afghan Schemes 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 F46the 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.

F716A

1

A person with protected rights, or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, 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 sub-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 sub-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 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 (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).

3

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.

7

F471

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 F49the 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.

F482

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.

F727A

1

A person with protected rights 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 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; and

c

is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day.

2

For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—

a

the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland; and

b

the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly.

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 F52before 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 F51the 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 F53the 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 F54had 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 F54had the right of permanent residence, if he F55has 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.

F503

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.

F738A

1

A person who—

a

is settled in the United Kingdom;

b

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

c

was ordinarily resident immediately before IP completion day—

i

in the territory comprising the European Economic Area, Switzerland and the overseas territories; or

ii

in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area, Switzerland and the overseas territories,

and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

d

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

e

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; and

f

in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (e).

2

For the purposes of this paragraph, a person has exercised a right of residence if that person 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 had 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 had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

3

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.

F56EU nationalsF93etc.9

1

A person who—

a

is either—

i

an F60EU 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 F58the 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.

F591A

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).

F573

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.

F699A

1

A person with protected rights—

a

who is —

i

an EU national on the first day of the first academic year of the course;

ii

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

iii

a family member of a relevant person of Northern Ireland;

b

who is undertaking the course in the United Kingdom;

c

who, subject to sub-paragraph (2), 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; and

d

subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories 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 (c) of sub-paragraph (1) does not apply to a family member of a person who—

a

is an EU national or a relevant person of Northern Ireland; 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.

3

Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with regulation 2(4).

F69United Kingdom nationals

9B

1

A person—

a

who is—

i

a United Kingdom national on the first day of an academic year of the course; or

ii

a family member of a person mentioned in sub-paragraph (i);

b

who was ordinarily resident immediately before IP completion day—

i

in the territory comprising the European Economic Area, Switzerland and the EU overseas territories; or

ii

in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area, Switzerland and the EU overseas territories,

and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the EU overseas territories throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

c

who is undertaking the course in the United Kingdom;

d

who, subject to sub-paragraph (2), 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; and

e

subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

2

Paragraph (d) of sub-paragraph (1) does not apply to the family member of a United Kingdom national, where that United Kingdom national—

a

had, before IP completion day, exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; 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.

3

Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with regulation 2(4).

4

Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).

5

In this paragraph, “EU overseas territories” means Aruba; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna.

F949BA

1

A person—

a

who is an Irish citizen on the first day of an academic year of the course;

b

who was ordinarily resident immediately before IP completion day—

i

in the territory comprising the European Economic Area, Switzerland and the EU overseas territories; or

ii

in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area, Switzerland and the EU overseas territories,

and has remained ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the EU overseas territories throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

c

who is undertaking the course in the United Kingdom;

d

who 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; and

e

subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

2

Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with regulation 2(4).

3

In this paragraph, “EU overseas territories” means Aruba; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna.

F699C

1

A person—

a

who is—

i

F109a person who is settled in the United Kingdom on the first day of the first academic year of the course; or

ii

a family member of a person mentioned in sub-paragraph (i) F110, or who would be such a person if they were ordinarily resident in the United Kingdom;

b

who is undertaking the course in the United Kingdom;

c

who has been ordinarily resident in the specified British overseas territories for at least part of the three year period preceding the first day of the first academic year of the course;

d

who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

e

subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the Islands and the specified British overseas territories has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.

2

Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with regulation 2(4).

F699D

1

A person—

a

who is a family member of a person who is F111settled in the United Kingdom on the first day of the first academic year of the course;

b

who is undertaking the course in the United Kingdom;

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 ordinary 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).

F69Persons resident in Gibraltar9E

1

A person—

a

who is—

i

a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar;

ii

a family member of a United Kingdom national, where that family member has resident status in Gibraltar granted by the Government of Gibraltar;

iii

an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement; or

iv

a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement;

b

who is undertaking the course in the United Kingdom;

c

who, subject to paragraph (2), 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; and

d

subject to sub-paragraph (3), whose ordinary residence in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories 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 (c) of sub-paragraph (1) does not apply to a family member of a person who—

a

is an EU national or a relevant person of Northern Ireland; 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.

3

Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories in accordance with regulation 2(4).

F77EU nationals ordinarily resident in the United Kingdom and Islands10

1

A person who—

a

is F62an 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 F61the 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 F63an EU national on the first day of the first academic year of the course is treated as being satisfied.

F7410A

A person with protected rights who—

a

is an 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 the person’s 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 the United Kingdom, the European Economic Area, Switzerland and the overseas territories immediately prior to the period of ordinary residence referred to in paragraph (c).

Children of Swiss nationals11

F641

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 F67the 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 F66the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

F652

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.

F7511A

A person with protected rights who—

a

is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights 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 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; and

d

in a case where the person’s 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 the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

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 F68the 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.

F7612A

A person who—

a

is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day;

b

immediately before IP completion day—

i

was the child of T; and

ii

was ordinarily resident in the United Kingdom;

c

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

d

has been ordinarily resident in the territory comprising the United Kingdom, the European 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.