The Education (Student Fees, Awards and Support) (Amendment) (Wales) Regulations 2021

CHAPTER 2 Citizens’ rights and residency criteria

Amendments to regulations 2, 4, 81 and 110

15.  In regulation 2(1)—

(a) in the definition of “person with protected rights”—

(i) the existing text after “means—” is numbered as paragraph (1) of the definition;

(ii) in that paragraph as so numbered, omit the terminal “or” at the end of sub-paragraph (a)(iii), and after sub-paragraph (a)(iv) insert—

“(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or”;

(b) after that paragraph as so numbered, insert—

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

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

(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

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

16.  In regulation 4(10E)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”.

17.  In regulation 81(10E)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”.

18.  In regulation 110(12E)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (1)(a)(iii), (iv) or (v)”.

Amendment to Schedule 1

19.  In Schedule 1—

(a) in paragraph 2A—

(i) in sub-paragraph (1)(a), for “on the first day of the first academic year of the course” substitute “on the day on which the first term of the first academic year actually begins”;

(ii) in sub-paragraph (1)(c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for at least part of that period”, and move the terminal “and” to the end of sub-paragraph (1)(d);

(iii) after sub-paragraph (1)(d) insert—

“(e) who did not move to Wales from the Islands for the purpose of undertaking the current course, or a course which, disregarding any intervening vacation, the person undertook immediately before the current course.”

(b) in paragraph 3—

(i) in sub-paragraph (1)(a)(iv)(bb) after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)”;

(ii) in sub-paragraph (1)(a)(iv)(cc) after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3)”;

(iii) after sub-paragraph (2) insert—

“(3) 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.”

(c) in paragraph 9C(1), move the terminal “and” at the end of sub-paragraph (c) to the end of sub-paragraph (d), and after that sub-paragraph insert—

“(e) who did not move to Wales from the Islands for the purpose of undertaking the current course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course.”