Paragraph 3 Family memberI1

Northern Ireland

“Family member” means—

(a)

in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person, an EEA self-employed person, or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 31(3)—

(i)

that person’s spouse or civil partner; or

(ii)

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

(aa)

under the age of 21;

(bb)

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

(iii)

dependent direct relatives in their ascending line of that person or that of the person’s spouse of civil partner;

(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—

(i)

the person’s spouse or civil partner; or

(ii)

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

(c)

in relation to an EU national who falls within Article 7(1)(c) of Directive 2004/38 or, for the purposes of paragraph 30(3), 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—

(i)

the person’s spouse or civil partner; or

(ii)

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

(aa)

under the age of 21; or

(bb)

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

(d)

in relation to an EU national who falls within Article 7(1)(b) of Directive 2004/38 or, for the purposes of paragraph 30(3), 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—

(i)

the person’s spouse or civil partner;

(ii)

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

(aa)

under the age of 21; or

(bb)

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

(iii)

dependent direct relatives in their ascending line of that person or that of the person’s spouse or civil partner;

(e)

in relation to a United Kingdom national, for the purposes of paragraphs 4, 5, 7 and 22—

(i)

the person’s spouse or civil partner; or

(ii)

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

(aa)

under the age of 21; or

(bb)

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

Annotations

Commencement

I1: Sch. 2 para. 3 in operation at 1.9.2023, see reg. 1