Regulation 31 Amendments to the 2009 Regulations

In Part 2 of Schedule 2—

(a)

in paragraph 3(1)(a)^f1—

(i)

omit sub-paragraph (iii);

(ii)

in sub-paragraph (iv)(bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)”;

(iii)

in sub-paragraph (iv)(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)”;

(b)

after paragraph 3(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.”;

(c)

in paragraph 9C—

(i)

insert “(1)” before “A person”;

(ii)

in the newly numbered sub-paragraph (1)^f2, 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 Northern Ireland from the Islands for the purpose of undertaking the current course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course.”.

Annotations

Footnotes

f1: Paragraph 3 was amended by S.R. 2021 No.85.
f2: Paragraph 9C was inserted by S.R. 2021 No. 85.