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SCHEDULES

SCHEDULE 2E+WCategories of eligible student

InterpretationE+W

11.—[F1(1)] In this Schedule—

“Directive 2004/38” (“Cyfarwyddeb 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 M1;

“EEA” (“AEE”) means the European Economic Area, that is to say the territory comprised by the EEA States;

F2...

[F3“family member” (“aelod o deulu”) means (unless otherwise indicated) in relation to a person (“P”)—

(a)

P’s spouse or civil partner,

(b)

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

(i)

under the age of 21, or

(ii)

dependants of P or P’s spouse or civil partner, or

(c)

in a case where P is—

(i)

an EU national who falls within Article 7(1)(b) of Directive 2004/38, or

(ii)

for the purposes of paragraph 6A, 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,

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

[F4“immigration rules” (“rheolau mewnfudo”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;]

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

[F5“overseas territories” (“tiriogaethau tramor”) means Anguilla, Aruba, Bermuda, British Antarctic Territory, British Indian Ocean Territory, F6... Cayman Islands, Falkland Islands, Faroe Islands, French Polynesia, French Southern and Antarctic Territories, Gibraltar, Greenland, Mayotte, Montserrat, Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten), Pitcairn, Henderson, Ducie and Oeno Islands, South Georgia and the South Sandwich Islands, St Barthélemy, [F7St Helena, Ascension and Tristan da Cunha] , St Pierre et Miquelon, the Territory of New Caledonia and Dependencies, Turks and Caicos Islands, [F8Virgin Islands,] and Wallis and Futuna;]

“parent” (“rhiant”) 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;

“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 1951 M2 as extended by its 1967 Protocol M3;

F2...

F2...

“settled” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971 M4;

[F5“specified British overseas territories” (“tiriogaethau tramor Prydeinig penodedig”) means Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, F9... Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, South Georgia and the South Sandwich Islands, [F10St Helena, Ascension and Tristan da Cunha], [F11Turks and Caicos Islands, and Virgin Islands];]

“Swiss Agreement” (“Cytundeb y Swistir”) means the Agreement between the EU 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 1999 M5 and which came into force on 1 June 2002;

F2...

[F3“United Kingdom national” (“gwladolyn o’r Deyrnas Unedig”) has the meaning given by Article 2(d) of the EU withdrawal agreement.]

[F12(2) 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.]

Textual Amendments

F1 Sch. 2 para. 11 renumbered as Sch. 2 para. 11(1) (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 144(a)

F2Words in Sch. 2 para. 11(1) omitted (with application in accordance with reg. 2 of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 144(b)(i)

Marginal Citations

M1OJ No L158, 30.04.2004, p.77-123.

M2Cmnd. 9171.

M3Cmnd. 3906, the Protocol entered into force on 4 October 1967.

M41971 c.77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).

M5Cm. 4904 and OJ No Ll 14, 30.04.02, p6.