SCHEDULE 1ELIGIBLE STUDENTS
PART 2Categories
F16A.
(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)
on the relevant date, 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 England on the relevant date; and
F2(c)
has been ordinarily resident throughout the three-year period preceding the relevant date either—
(i)
in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or
(ii)
in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories;
(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.