OpenLegislation

Paragraph 6 Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereI1

Scotland

(1)

A student is an excepted student if that student—

(a)

is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 on the relevant date,

(b)

was ordinarily resident in Scotland for at least 3 continuous years and settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the United Kingdom and who has utilised a right of residence before IP completion day,

(c)

was ordinarily resident on IP completion day—

(i)

in Gibraltar or the territory comprising the European Economic Area and Switzerland, or

(ii)

in the United Kingdom immediately following a period of ordinary residence in Gibraltar or the territory comprising the European Economic Area and Switzerland,

  • and has remained ordinarily resident in the United Kingdom, Gibraltar or the territory comprising the European Economic Area and Switzerland from IP completion day to the relevant date,

    1. (d)

      has been ordinarily resident in the United Kingdom, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

    2. (e)

      is undertaking a course for which the relevant date is prior to 31 July 2028.

(2)

For the purposes of this paragraph, a student has utilised a right of residence if that student—

(a)

is—

(i)

a United Kingdom national,

(ii)

a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38f1 (or corresponding provisions under the EEA agreement or the Switzerland agreement)), or

(iii)

a person who had a right of permanent residence arising under Directive 2004/38, and

(b)

either—

(i)

has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland agreement in a State other than the United Kingdom, or

(ii)

in the case of a student who had a right of permanent residence in the United Kingdom arising under Directive 2004/38, has gone to the state within the territory comprising the European Economic Area and Switzerland of which that student is a national or of which the person in relation to whom that student is a family member is a national.

(3)

Sub-paragraph (1)(a) and the requirement in sub-paragraph (1)(b) to be settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the United Kingdom do not apply where the student falls within sub-paragraph (2)(a)(ii) and is accompanying or joining that national in the United Kingdom.

Annotations

Commencement

I1

Sch. 1 para. 6 in force at 1.8.2022, see reg. 1(1)

Footnotes

f1

OJ No 158, 30.4.2004c, p.77.