# The Lifelong Learning (Fee Limits) Regulations 2026, Paragraph 1


(1) In this Schedule—
“the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;
“Directive 2004/38” means Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
“EEA EFTA separation agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;
“EEA frontier self-employed person” means an EEA national who—
(a) is a self-employed person in the United Kingdom, and
(b) resides in Switzerland or the territory of an EEA state and returns to their residence in Switzerland or that EEA state daily or at least once a week;
“EEA frontier worker” means an EEA national who—
(a) is a worker in the United Kingdom; and
(b) resides in Switzerland or the territory of an EEA state and returns to their residence in Switzerland or that EEA state daily or at least once a week;
“EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;
“EEA national” means a national of an EEA state;
“EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;
“employed” refers to full-time or part-time employment;
“employed person” means an employed person within the meaning of Annex 1 to the Swiss Agreement;
“EU national” means a national of a member State;
“EU overseas territories” means Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); St Barthélemy; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; and Wallis and Futuna;
“European Economic Area” means the area comprised by the EEA states;
“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 15(3)—
(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 21 years of age, or
(bb) dependants of the person or the person’s spouse or civil partner, or
(iii) dependent direct relatives in the ascending line of the person or that of the person’s spouse or 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 that person’s spouse or civil partner;
(c) in relation to an EU national who falls within Article 7(1)(b) of Directive 2004/38 or, for the purposes of paragraph 18, 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 21 years of age, or
(bb) dependants of the person or the person’s spouse or civil partner, or
(iii) dependent direct relatives in the person’s ascending line or that of the person’s spouse or civil partner;
(d) in relation to an EU national who falls within Article 7(1)(c) of Directive 2004/38 or, for the purposes of paragraph 18, 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 21 years of age, or
(bb) dependants of the person or the person’s spouse or civil partner;
(e) in relation to a United Kingdom national, for the purposes of paragraphs 19 and 23, and for the purposes of paragraphs 21 and 22 in relation to a person settled in the United Kingdom—
(i) the person’s spouse or civil partner, or
(ii) direct descendants of the person or the person’s spouse or civil partner who are—
(aa) under 21 years of age, or
(bb) dependants of the person or the person’s spouse or civil partner;
“leave application date”, unless otherwise indicated, means the date on which the person made an application to remain in the United Kingdom;
“overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena, Ascension and Tristan da Cunha; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;
“parent” means a parent, guardian or any other person having parental responsibility for a child, and “child” is to be construed accordingly;
“person with protected rights” means a person within either of the following paragraphs—
(a) a person within the personal scope of the citizens’ rights provisions who—
(i) has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,
(ii) is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom,
(iii) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired, or
(iv) otherwise has rights deemed to apply by virtue of any of the following (provisions regarding the issuance of residence documents)—
(aa) Article 18(2) and (3) of the EU withdrawal agreement,
(bb) Article 17(2) and (3) of the EEA EFTA separation agreement, or
(cc) Article 16(2) and (3) of the Swiss citizens’ rights agreement;
(b) a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;
“relevant period” has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;
“relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;
“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;
“self-employed person” means—
(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
(b) in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;
“settled in the United Kingdom” has the meaning given by section 33(2A) of the Immigration Act 1971;
“specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena, Ascension and Tristan da Cunha; and Turks and Caicos Islands;
“Swiss Agreement” means the Agreement between the European Community 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 21st June 1999 and which came into force on 1st June 2002;
“Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;
“Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;
“Swiss frontier employed person” means a Swiss national who—
(a) is an employed person in the United Kingdom, and
(b) resides in Switzerland or in the territory of an EEA state and returns to their residence in Switzerland or that EEA state daily or at least once a week;
“Swiss frontier self-employed person” means a Swiss national who—
(a) is a self-employed person in the United Kingdom, and
(b) resides in Switzerland or in the territory of an EEA state and returns to their residence in Switzerland or that EEA state daily or at least once a week;
“Swiss self-employed person” means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;
“United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement;
“worker” means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA agreement, as the case may be.
(2) For the purposes of this Schedule—
(a) a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom;
(b) a person is within the personal scope of the citizens’ rights provisions if that person falls within any of the following (provisions regarding personal scope of the agreement)—
(i) Article 10 of the EU withdrawal agreement,
(ii) Article 9 of the EEA EFTA separation agreement, or
(iii) Article 10 of the Swiss citizens’ rights agreement.
(3) In this Schedule, an area other than the United Kingdom or Gibraltar which—
(a) was previously not part of the European Union or the European Economic Area, and
(b) at any time before or after these Regulations come into force has become part of one or the other or both of those areas,
is to be considered to have always been a part of the European Economic Area.
(4) For the purposes of this Schedule—
(a) a person (“A”) is to be treated as being ordinarily resident in a territory referred to in sub-paragraph (5) if A would have been so resident but for the fact that—
(i) A,
(ii) A’s spouse or civil partner,
(iii) A’s parent, or
(iv) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed outside the area in question;
(b) a person is not to be treated as ordinarily resident in a place unless they lawfully reside in that place.
(5) For the purposes of sub-paragraph (4)—
(a) the territories are—
(i) the United Kingdom;
(ii) the United Kingdom and the Islands;
(iii) the territory comprising the United Kingdom, the Islands and the Republic of Ireland;
(iv) the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland;
(v) the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories;
(vi) the territory comprising the United Kingdom, the Islands and the specified British overseas territories;
(vii) the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories;
(b) “temporarily employed” includes, in the cases of members of the regular naval, military or air forces of—
(i) the Crown, any period which they serve outside the United Kingdom as members of such forces;
(ii) the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, the Islands and the Republic of Ireland as members of such forces;
(iii) an EEA state or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;
(iv) Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces.

---
Source: https://www.legislation.gov.uk/ukdsi/2026/9780348283327/schedule/1/paragraph/1 (the official version)
Page: https://openlegislation.uk/draft-lifelong-learning-fee-limits-regulations-2026/schedule-1/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.