OpenLegislation

Paragraph 1 InterpretationF1I1

England and Wales

(1)

For the purposes of this Schedule—

  • “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 States;

  • “EC national” (“gwladolyn o'r GE”) means a national of a Member State of the European Community;

  • “EEA frontier self-employed person” (“person hunangyflogedig ffin yr EEA”) has the meaning given by sub-paragraph (2);

  • “EEA frontier worker” (“gweithiwr ffin yr EEA”) has the meaning given by sub-paragraph (3);

  • “EEA migrant worker” (“gweithiwr mudol o'r EEA”) means an EEA national who is or, in the case of an EEA national who applies for support after the moving date, was a worker, other than an EEA frontier worker, in the United Kingdom;

  • “EEA national” (“gwladolyn o'r EEA”) means a national of an EEA State other than the United Kingdom;

  • “EEA self-employed person” (“person hunangyflogedig o'r EEA”) means an EEA national who is or, in the case of an EEA national who has applied for support after the moving date, was a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

  • “EEA State” (“Gwladwriaeth EEA”) means a Member State of the European Economic Area;

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

  • unless otherwise indicated, “family member” (“aelod o'r teulu”) means—

    1. (a)

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

      1. (i)

        his or her spouse or civil partner;

      2. (ii)

        his or her child or the child of his or her spouse or civil partner; or

      3. (iii)

        dependent direct relatives in his or her ascending line or that of his or her 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)

        his or her spouse or civil partner; or

      2. (ii)

        his or her child or the child of his or her spouse or civil partner;

    3. (c)

      in relation to an EC national who is not self-sufficient—

      1. (i)

        his or her spouse or civil partner; or

      2. (ii)

        direct descendants of his or her or of his or her spouse or civil partner who are—

        1. (aa)

          under the age of 21;

        2. (bb)

          dependants of his or her or of his or her spouse or civil partner;

    4. (d)

      in relation to an EC national who is self-sufficient—

      1. (i)

        his or her spouse or civil partner;

      2. (ii)

        direct descendants of his or her or of his or her spouse or civil partner who are—

        1. (aa)

          under the age of 21; or

        2. (bb)

          dependants of his or her or of his or her spouse or civil partner;

      3. (iii)

        dependent direct relatives in his or her ascending line or that of his or her spouse or civil partner;

    5. (e)

      in relation to a United Kingdom national, for the purposes of paragraph 9—

      1. (i)

        his or her spouse or civil partner; or

      2. (ii)

        direct descendants of his or her or of his or hr spouse or civil partner who are—

        1. (aa)

          under the age of 21; or

        2. (bb)

          dependants of his or her or of his or her spouse or civil partner;

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

    1. (a)

      has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although the person is considered not to qualify for recognition as a refugee, it is thought right to allow him or her to enter or remain in the United Kingdom;

    2. (b)

      has been granted leave to enter or to remain accordingly; and

    3. (c)

      has been ordinarily resident in the British Islands throughout the period since he or she was granted leave to enter or remain;

  • “right of permanent residence” (“hawl i breswylio'n barhaol”) means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

  • “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 Switzerland Agreement;

  • “self-sufficient” (“hunangynhaliol”) means self-sufficient within the meaning of Article 7(1)(b) of Directive 2004/38;

  • “settled” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971f1;

  • “Swiss employed person” (“person cyflogedig o'r Swistir”) means a Swiss national who is or, in the case of a person who applies for support after the moving date, was an employed person, other than a Swiss frontier employed person, in the United Kingdom;

  • “Swiss frontier employed person” (“person cyflogedig ffin y Swistir”) has the meaning given in sub-paragraph (4);

  • “Swiss frontier self-employed person” (“person hunangyflogedig ffin y Swistir”) has the meaning given in sub-paragraph (5);

  • “Swiss self-employed person” (“person hunangyflogedig o'r Swistir”) means a Swiss national who is or, in the case of a person who applies for support after the moving date, was a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

  • “United Kingdom national” (“gwladolyn o'r Deyrnas Unedig”) means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties;

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

(2)

Subject to sub-paragraph (6), “EEA frontier self-employed person” (“person hunangyflogedig ffin yr EEA”) means an EEA national who—

(a)

is a self-employed person in Wales; and

(b)

resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.

(3)

Subject to sub-paragraph (6), “EEA frontier worker” (“gweithiwr ffin yr EEA”) means an EEA national who—

(a)

is a worker in Wales; and

(b)

resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.

(4)

Subject to sub-paragraph (6), “Swiss frontier employed person” (“person cyflogedig ffin y Swistir”) means a Swiss national who—

(a)

is an employed person in Wales; and

(b)

resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week

(5)

Subject to sub-paragraph (6), “Swiss frontier self-employed person” (“person hunangyflogedig ffin y Swistir”) means a Swiss national who—

(a)

is a self-employed person in Wales; and

(b)

resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week

(6)

Where an EEA national or a Swiss national applies for support after the moving date—

(a)

he or she may be treated as an EEA frontier self-employed person or a F2Swiss frontier employed person, as the case may be, if the National Assembly is satisfied that immediately before the moving date he or she was—

(i)

a self-employed person in Wales; and

(ii)

residing in Switzerland or in the territory of an EEA State other than the United Kingdom and returning to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

(b)

he or she may be treated as an EEA frontier worker or a Swiss frontier employed person, as the case may be, if the National Assembly is satisfied that immediately before the moving date he or she was—

(i)

a worker or an employed person in Wales; and

(ii)

residing in Switzerland or in the territory of an EEA State other than the United Kingdom and returning to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.

(7)

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.

(8)

For the purposes of this Schedule, a person is to be treated as ordinarily resident in Wales, the United Kingdom and Islands or in the territory comprising the European Economic Area and Switzerland if he or she would have been so resident but for the fact that—

(a)

he or she;

(a)

his or her spouse or civil partner;

(b)

his or her parent; or

(c)

in the case of a dependent direct relative in the ascending line, his or her child or child’s spouse or civil partner,

is or was temporarily employed outside Wales, the United Kingdom and Islands or, as the case may be, outside the territory comprising the European Economic Area and Switzerland.

(9)

For the purposes of sub-paragraph (8), temporary employment outside of Wales, the United Kingdom or the territory comprising the European Economic Area and Switzerland 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; and

(b)

in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the European Economic Area and Switzerland as members of such forces.

(10)

For the purposes of this Schedule—

(a)

an area which—

(i)

was previously not part of the European Community or the European Economic Area; but

(ii)

at any time before or after these Regulations come into force has become part of one or other or both of those areas,

is to be considered to have always been a part of the European Economic Area;

(b)

a person who acquires the right of permanent residence after the beginning of the first year of the course is to be considered to have had that status as of the beginning of the first year of the course;

(c)

a person who becomes the child of a Swiss national after the beginning of the first year of the course is to be considered to have been such a child as of the beginning of the first year of the course.

Annotations

Textual amendments

F1

Regulations revoked (with application in accordance with reg. 8 of the amending S.I.) by The Assembly Learning Grants (European Institutions) (Wales) Regulations 2007 (S.I. 2007/2313), reg. 5 (with regs. 6, 7)

F2

Words in Sch. 1 para. 1(6)(a) substituted (with application in accordance with reg. 8 of the amending S.I.) by The Assembly Learning Grants (European Institutions) (Wales) Regulations 2007 (S.I. 2007/2313), reg. 1, Sch. 1 para. 4

Commencement

I1

Sch. 1 para. 1 in force at 7.7.2006, see reg. 1

Footnotes

f1

1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).