The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015

For the purposes of this Schedule—

• F76“the 2020 Citizens’ Rights Regulations” (“Rheoliadau Hawliau Dinasyddion 2020”) means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

• “academic year” (“blwyddyn academaidd”) means the period of twelve months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December, respectively;

• “Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29 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 States9;

• “EEA frontier self-employed person” (“person hunangyflogedig ffin yr AEE”) 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 F32... and returns to the national’s residence in Switzerland or that EEA State daily or at least once a week;

• “EEA frontier worker” (“gweithiwr ffin yr AEE”) 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 F32... and returns to the national’s residence in Switzerland or that EEA State daily or at least once a week;

• “EEA migrant worker” (“gweithiwr mudol o’r AEE”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

• “EEA national” (“gwladolyn o’r AEE”) means a national of an EEA State F32...;

• “EEA self-employed person” (“person hunangyflogedig o’r AEE”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

• F33“EEA EFTA separation agreement” (“cytundeb gwahanu EFTA yr AEE”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

• “employed person” (“person cyflogedig”) means an employed person within the meaning of Annex 1 to the Swiss Agreement;

• “employment” (“cyflogaeth”) means full-time or part-time employment;

• “EU national” (“gwladolyn o’r UE”) means a national of a Member State of the European Union;

• “European Economic Area” (“Ardal Economaidd Ewropeaidd”) means the area comprised by the EEA States;

• “European Union” (“yr Undeb Ewropeaidd”) means the territory comprised by the Member States of the European Union as constituted from time to time;

• “family member” (“aelod o deulu”) means—

  1. a

     in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person F68, an EEA self-employed person, 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

        that person’s spouse or civil partner;

     2. ii

        direct 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

           dependants of the person or the person’s spouse or civil partner; or

     3. iii

        dependent direct relatives in the ascending line of the person or the person’s 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

        the person’s spouse or civil partner; or

     2. ii

        the person’s child or the child of the person’s spouse or civil partner;

  3. c

     in relation to an EU national who falls within Article 7(1)(c) of Directive 2004/38 F69or, 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

        the national’s spouse or civil partner; or

     2. ii

        direct descendants of the national or the national’s spouse or civil partner who are—

        1. aa

           under the age of 21; or

        2. bb

           dependants of the national or the national’s spouse or civil partner;

  4. d

     in relation to an EU national who falls within Article 7(1)(b) of Directive 2004/38 F70or, 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

        the national’s spouse or civil partner;

     2. ii

        direct descendants of the national or the national’s spouse or civil partner who are—

        1. aa

           under the age of 21; or

        2. bb

           dependants of the national or the national’s spouse or civil partner; or

     3. iii

        dependent direct relatives in the national’s ascending line or of the national’s spouse or civil partner;

  5. e

     in relation to a United Kingdom national, for the purposes of F71paragraphs 9, 9B, 9C, 9D and 9E —

     1. i

        the national’s spouse or civil partner; or

     2. ii

        direct descendants of the national or the national’s spouse or civil partner who are—

        1. aa

           under the age of 21; or

        2. bb

           dependants of the national or the national’s spouse or civil partner;

• F8“immigration rules” (“rheolau mewnfudo”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;

• “the Islands” (“yr Ynysoedd”) means the Channel Islands and the Isle of Man;

• “overseas territories” (“tiriogaethau tramor”) means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; F34Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curacao, Saba, Sint Eustatius and Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St-Barthélemy; St Helena and Dependencies (Ascension Island and Tristan de Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands and Wallis and Futuna;

• F72...

• F76“person granted leave to enter or remain as a protected person” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel person a ddiogelir”) means a person who has—

  1. a

     extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules;

  2. b

     extant leave to remain as a stateless person under the immigration rules;

  3. c

     extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules; F99...

  4. d

     extant leave to remain under paragraphs 352J, 352K, 352L or 352T of the immigration rules (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave);

  5. e

     F100indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules, indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules or leave to enter or indefinite leave to enter the United Kingdom under paragraph 276BJ2 or 276BO2 of the immigration rules;

  6. f

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

  7. g

     indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme; or

  8. h

     indefinite leave to enter or remain in the United Kingdom outside the immigration rules as the spouse, civil partner or dependent child of a person falling into paragraph (g) or dependent child of such a spouse or civil partner;

• F76“person granted leave to remain as a protected partner” (“person y rhoddwyd caniatâd iddo aros fel partner a ddiogelir”) means a person with extant leave to remain in the United Kingdom as either a victim of domestic violence or domestic abuse or as a bereaved partner under any of the following provisions of the immigration rules—

  1. a

     paragraphs 289B and 289D (victims of domestic violence);

  2. b

     paragraphs D-DVILR.1.1. and D-DVILR.1.2. of Appendix FM (victims of domestic abuse);

  3. c

     paragraphs 40 and 41 of Appendix Armed Forces (victims of domestic violence who are partners of members of armed forces);

  4. d

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

  5. e

     paragraphs D-BPILR.1.1. and D-BPILR.1.2. of Appendix FM (bereaved partners);

  6. f

     paragraphs 36 and 37 of Appendix Armed Forces (bereaved partners); or

  7. g

     paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of the immigration rules are met (bereaved unmarried or same sex partners);

• “person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”) means a person (“P”)—

  1. a

     F9who has—

     1. i

        applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is considered not to qualify for recognition as a refugee, it is thought right to allow P to enter or remain in the United Kingdom on the grounds of F73... discretionary leave, and who has been granted leave to enter or remain accordingly;

     2. ii

        not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly;

     3. iia

        F15been granted leave to remain on the grounds of family life under the immigration rules;

     4. iii

        been granted leave to remain on the grounds of private life under the immigration rules; or

     5. iv

        been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is not considered to qualify for leave to remain on the grounds of private F16or family life under the immigration rules, P has been granted leave to remain outside the rules on the grounds of Article 8 of the European Convention on Human Rights;

  2. c

     whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

  3. d

     who has been ordinarily resident in the F14United Kingdom and the Islands throughout the period since P was granted leave to enter or remain;

• F76“person with protected rights” (“person sydd â hawliau gwarchodedig”) means—

  1. 1

     F88.

     1. (a)

        a 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; F89...

        3. iii

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

        4. iv

           F90otherwise 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;

  2. 2

     1. F91In paragraph (1)(iv) “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.

• F74...

• F76“protected spouse or civil partner” (“priod neu bartner sifil a ddiogelir”) means a spouse or civil partner of a person who has—

  1. a

     extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules; or

  2. b

     extant leave to remain as a stateless person under the immigration rules;

• F106“protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”) means a person granted leave to enter or remain in the United Kingdom—

  1. a

     under paragraph 9.1 (Ukraine Family Scheme), 19.1 (Homes for Ukraine Sponsorship Scheme) or 27.1 (Ukraine Extension Scheme) of Appendix Ukraine Scheme of the immigration rules; or

  2. b

     outside the immigration rules, where the person—

     1. i

        was residing in Ukraine immediately before 1 January 2022; and

     2. ii

        left Ukraine in connection with the Russian invasion which took place on 24 February 2022;

• “refugee” (“ffoadur”) 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 28 July 195112 as extended by the Protocol thereto which entered into force on 4 October 196713;

• F76“relevant period” (“cyfnod perthnasol”) has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;

• F76“relevant person of Northern Ireland” (“person perthnasol o Ogledd Iwerddon”) has the meaning given by residence scheme immigration rules;

• F33“residence scheme immigration rules” (“rheolau mewnfudo’r cynllun preswylio”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

• F75...

• “self-employed person” (“person hunangyflogedig”) 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” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 197114;

• F76“specified British overseas territories” (“tiriogaethau tramor Prydeinig penodedig”) means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan da Cunha); and Turks and Caicos Islands;

• “Swiss Agreement” (“Cytundeb y Swistir”) 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 21 June 199915 and which came into force on 1 June 2002;

• F33“Swiss citizens’ rights agreement” (“cytundeb ar hawliau dinasyddion Swisaidd”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

• “Swiss employed person” (“person cyflogedig Swisaidd”) means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

• “Swiss frontier employed person” (“person cyflogedig ffin y Swistir”) 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 F32... and returns to the national’s residence in Switzerland or that EEA State daily or at least once a week;

• “Swiss frontier self-employed person” (“person hunangyflogedig ffin y Swistir”) 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 F32... and returns to the national’s residence in Switzerland or that EEA State daily or at least once a week;

• “Swiss self-employed person” (“person hunangyflogedig Swisaidd”) means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

• “Turkish worker” (“gweithiwr Twrcaidd”) 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; and

• F76“United Kingdom national” (“gwladolyn o’r Deyrnas Unedig”) has the meaning given by Article 2(d) of the EU withdrawal agreement;

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

• F76“the Workers Regulation” (“y Rheoliad Gweithwyr”) means 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;

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.

For the purposes of this Schedule, “parent” (“rhiant”) includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” (“plentyn”) is to be construed accordingly.

In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to enter or remain as a protected person.

In this paragraph, “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to remain as a protected partner.

In this paragraph “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.

For the purposes of this paragraph, 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.

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.

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.

Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the relevant territory in accordance with paragraph 1(3).

Any description of person who would have fallen within this paragraph immediately before F60IP completion day is to be treated as falling within this paragraph on and after F60IP completion day.

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 paragraph 1(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 paragraph 1(3).

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).

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 Dependences; and Wallis and Futuna.

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 paragraph 1(3).

Where a state accedes to the European Union 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 an EU national F31... on the first day of the first academic year of the course is treated as being satisfied.

Any description of person who would have fallen within this paragraph immediately before F87IP completion day is to be treated as falling within this paragraph on and after F87IP completion day.