Regulation 5 Residence and presence conditionsI1

is ordinarily resident in Scotland,

is habitually resident in the common travel area,

is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999,

is present in the common travel area, and

has been present in the common travel area for a period of, or for periods amounting in the aggregate to, not less than 26 weeks in the 52 weeks immediately preceding that day.

is habitually resident in Ireland,

has a genuine and sufficient link to Scotland, and

is an individual—

is lawfully working in the United Kingdom and is a national of a state with which the United Kingdom has concluded an agreement which replaces in whole or in part an agreement under Article 217 of the Treaty on the Functioning of the European Union which has ceased to apply to, and in, the United Kingdom, providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory state and their families,

is a member of the family of, and living with, a person specified in sub-paragraph (a), or

has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person or persons pursuant to the immigration rules, to be responsible for their maintenance and accommodation.

by reason of their capacity mentioned in paragraph (7)(b) provided that individual satisfied the residence and presence conditions set out in paragraph (1)(a), (b) and (d) immediately prior to the start of their employment mentioned in paragraph (7)(b), or

by reason of being a person mentioned in paragraph (7)(a) living with an individual to whom sub-paragraph (a) applies.

living with a person mentioned in sub-paragraph (b) and—

outside the common travel area in their capacity as a—

outside the common travel area in their capacity as an aircraft worker or mariner, or

in employment prescribed for the purposes of section 120 (employment at sea (continental shelf operations)) of the Social Security Contributions and Benefits Act 1992^f2 in connection with continental shelf operations.

does not meet F4either or both of the presence conditions set out in paragraph F5(1)(d) and (e) on the date the application is received by the Scottish Ministers, and

appears to the Scottish Ministers likely to meet F6both of those conditions, unless there is a change of circumstances, on a date not later than 3 months after the application was received,

has a terminal illness within the meaning of regulation 15, or

is an individual described in paragraph (7).

has leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—

has been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (a); F9...

has leave granted under the Afghan Citizens Resettlement Scheme.

has been granted refugee status or humanitarian protection under the immigration rules, F11...

has leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules F12F13...

has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, F14has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 F15 F16or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the individual—

has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the individual—

has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the individual—

has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the individual—

has been granted, or is deemed to have been granted, leave outside the immigration rules F23,

has leave to enter or remain in the United Kingdom granted under or outside the immigration rules, has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the individual—

as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with the immigration rules or leave on a discretionary basis outside of those rules.

“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971,

“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.

issued public information to advise British nationals to leave a country or territory immediately, or

arranged the evacuation of British nationals from that country or territory,

52 weeks after the date mentioned in paragraph (12) for persons aged 6 months or over, or

39 weeks after the date mentioned in paragraph (12) for persons aged under 6 months,