Regulation 20 Amendment to Schedule 1
In Schedule 1—
in paragraph 2A(1)—
in sub-paragraph (c), after “course” insert “and who has been ordinarily resident in the Republic of Ireland for least part of that period”, and move the terminal “and” to after sub-paragraph (1)(d),
after sub-paragraph (d) insert—
“(e)who did not move to England from the Islands for the purpose of undertaking the current course or a course which the person undertook before undertaking the current course.”;
in paragraph 3(1)(a)(iv)—
in paragraph (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)”,
in sub-paragraph (cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3)”,
after sub-paragraph (2) insert—
“(3)For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—
(a)Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;
(b)Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
(c)Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”;
in paragraph 9C(1), move the terminal “and” after sub-paragraph (c) to after sub-paragraph (d), and after that sub-paragraph insert—
“(e)who did not move to England from the Islands for the purpose of undertaking the current course or a course which the person undertook before undertaking the current course.”.