PART 1Interpretation
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 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States(1);
“EEA frontier self-employed person” has the meaning given by sub-paragraph (2);
“EEA frontier worker” has the meaning given by sub-paragraph (3);
“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 other than the United Kingdom;
“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 within the meaning of Annex 1 to the Swiss Agreement;
“EU national” means a national of a Member State of the European Union;
“European Economic Area” means the area comprised by the EEA States;
“family member”, unless otherwise indicated, means—
in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person—
that person’s spouse or civil partner;
that person’s child or the child of that person’s spouse or civil partner; or
dependent direct relatives in that person’s ascending line or that of the person’s spouse or civil partner;
in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—
that person’s spouse or civil partner; or
that person’s child or the child of that person’s spouse or civil partner;
in relation to an EU national who falls within article 7(1)(c) of Directive 2004/38—
that person’s spouse or civil partner; or
direct descendants of that person or that person’s spouse or civil partner who are—
under the age of 21; or
dependants of that person or of the person’s spouse or civil partner;
in relation to an EU national who falls within article 7(1)(b) of Directive 2004/38—
that person’s spouse or civil partner;
direct descendants of the person or of the person’s spouse or civil partner who are—
under the age of 21; or
dependants of the person or of the person’s spouse or civil partner;
dependent direct relatives in the person’s ascending line or that of the person’s spouse or civil partner;
in relation to a United Kingdom national, for the purposes of paragraph 9—
the person’s spouse or civil partner; or
direct descendants of the person or the person’s spouse or civil partner who are—
under the age of 21; or
dependants of the person or of the person’s spouse or civil partner;
“right of permanent residence” means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;
“self-employed person” means—
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
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(2);
“Swiss Agreement” means the Agreement between the European Union 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(3) and which came into force on 1st June 2002;
“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” has the meaning given in sub-paragraph (4);
“Swiss frontier self-employed person” has the meaning given in sub-paragraph (5);
“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;
“United Kingdom national” means a person who falls to be treated as a national of the United Kingdom for the purposes of the EU Treaties;
“worker” means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be.
(2) “EEA frontier self-employed person” means an EEA national who—
(a)is a self-employed person in England; and
(b)resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.
(3) “EEA frontier worker” means an EEA national who—
(a)is a worker in England; and
(b)resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.
(4) “Swiss frontier employed person” means a Swiss national who—
(a)is an employed person in England; and
(b)resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.
(5) “Swiss frontier self-employed person” means a Swiss national who—
(a)is a self-employed person in England; and
(b)resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.
(6) For the purposes of this Schedule, “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” is to be construed accordingly.
(7) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in England, the United Kingdom and Islands or in the territory comprising the European Economic Area, Switzerland and Turkey if A would have been so resident but for the fact that—
(a)A;
(b)A’s spouse or civil partner;
(c)A’s parent; or
(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed outside England, the United Kingdom and Islands or, as the case may be, outside the territory comprising the European Economic Area, Switzerland and Turkey.
(8) For the purposes of sub-paragraph (7), temporary employment outside of England, the United Kingdom or the territory comprising the European Economic Area, Switzerland and Turkey includes—
(a)in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;
(b)in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and
(c)in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.
OJ L158, 30.04.2004, pp 77-123.
1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).
Cm. 4904.