OpenLegislation

Paragraph 1 I1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of this Schedule—

  • “Directive 2004/38” means Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

  • “EC national” means a national of a Member State of the European Community;

  • “EEA frontier self-employed person” has the meaning given by sub-paragraph (2);

  • “EEA frontier worker” has the meaning given by sub-paragraph (3);

  • “EEA migrant worker” means an EEA national who is or, in the case of an EEA national who applies for support after the moving date, was a worker, other than an EEA frontier worker, in the United Kingdom;

  • “EEA national” means a national of an EEA State other than the United Kingdom;

  • “EEA self-employed person” means an EEA national who is or, in the case of an EEA national who has applies for support after the moving date, was a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

  • “EEA State” means a Member State of the European Economic Area;

  • “employed person” means an employed person within the meaning of Annex 1 to the Switzerland Agreement;

  • unless otherwise indicated, “family member” means—

    1. (a)

      in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person—

      1. (i)

        his spouse or civil partner;

      2. (ii)

        his child or the child of his spouse or civil partner; or

      3. (iii)

        dependent direct relatives in his ascending line or that of his spouse or civil partner;

    2. (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—

      1. (i)

        his spouse or civil partner; or

      2. (ii)

        his child or the child of his spouse or civil partner;

    3. (c)

      in relation to an EC national who is not self-sufficient—

      1. (i)

        his spouse or civil partner; or

      2. (ii)

        direct descendants of his or his spouse or civil partner who are—

        1. (aa)

          under the age of 21;

        2. (bb)

          dependants of his or of his spouse or civil partner;

    4. (d)

      in relation to an EC national who is self-sufficient—

      1. (i)

        his spouse or civil partner;

      2. (ii)

        direct descendants of his or his spouse or civil partner who are—

        1. (aa)

          under the age of 21; or

        2. (bb)

          dependants of his or of his spouse or civil partner;

      3. (iii)

        dependent direct relatives in his ascending line or that of his spouse or civil partner;

    5. (e)

      in relation to a United Kingdom national, for the purposes of paragraph 9—

      1. (i)

        his spouse or civil partner; or

      2. (ii)

        direct descendants of his or his spouse or civil partner who are—

        1. (aa)

          under the age of 21; or

        2. (bb)

          dependants of his or of his spouse or civil partner;

  • “person with leave to enter or remain” means a person who—

    1. (a)

      has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom;

    2. (b)

      has been granted leave to enter or to remain accordingly; and

    3. (c)

      has been ordinarily resident in the British Islands throughout the period since he was granted leave to enter or remain;

  • “right of permanent residence” means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

  • “self-employed person” means—

    1. (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

    2. (b)

      in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Switzerland Agreement;

  • “self-sufficient” means self-sufficient within the meaning of Article 7(1)(b) of Directive 2004/38;

  • “settled” has the meaning given by section 33(2A) of the Immigration Act 1971f1;

  • “Swiss employed person” means a Swiss national who is or, in the case of a person who applies for support after the moving date, was an employed person, other than a Swiss frontier employed person, in the United Kingdom;

  • “Swiss frontier employed person” has the meaning given in sub-paragraph (4);

  • “Swiss frontier self-employed person” has the meaning given in sub-paragraph (5);

  • “Swiss self-employed person” means a Swiss national who is or, in the case of a person who applies for support after the moving date, was a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

  • “United Kingdom national” means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties;

  • “worker” means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be.

(2)

Subject to sub-paragraph (6), “EEA frontier self-employed person” means an EEA national who—

(a)

is a self-employed person in England; and

(b)

resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.

(3)

Subject to sub-paragraph (6), “EEA frontier worker” means an EEA national who—

(a)

is a worker in England; and

(b)

resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week

(4)

Subject to sub-paragraph (6), “Swiss frontier employed person” means a Swiss national who—

(a)

is an employed person in England; and

(b)

resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week

(5)

Subject to sub-paragraph (6), “Swiss frontier self-employed person” means a Swiss national who—

(a)

is a self-employed person in England; and

(b)

resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week

(6)

Where an EEA national or a Swiss national applies for support after the moving date—

(a)

he may be treated as an EEA frontier self-employed person or a Swiss frontier employed person, as the case may be, if the Secretary of State is satisfied that immediately before the moving date he was—

(i)

a self-employed person in England; and

(ii)

residing in Switzerland or in the territory of an EEA State other than the United Kingdom and returning to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

(b)

he may be treated as an EEA frontier worker or a Swiss frontier employed person, as the case may be, if the Secretary of State is satisfied that immediately before the moving date he was—

(i)

a worker or an employed person in England; and

(ii)

residing in Switzerland or in the territory of an EEA State other than the United Kingdom and returning to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week.

(7)

For the purposes of this Schedule, “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” is to be construed accordingly.

(8)

For the purposes of this Schedule, a person is to be treated as ordinarily resident in England, the United Kingdom and Islands or in the territory comprising the European Economic Area and Switzerland if he would have been so resident but for the fact that—

(a)

he;

(b)

his spouse or civil partner;

(c)

his parent; or

(d)

in the case of a dependent direct relative in the ascending line, his child or child’s spouse or civil partner,

is or was temporarily employed outside England, the United Kingdom and Islands or, as the case may be, outside the territory comprising the European Economic Area and Switzerland.

(9)

For the purposes of sub-paragraph (8), temporary employment outside of England, the United Kingdom or the territory comprising the European Economic Area and Switzerland includes—

(a)

in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces; and

(b)

in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces.

(10)

For the purposes of this Schedule—

(a)

an area which—

(i)

was previously not part of the European Community or the European Economic area; but

(ii)

at any time before or after these Regulations come into force has become part of one or other or both of these areas,

is to be considered to have always been a part of the European Economic Area;

(b)

a person who acquires the right of permanent residence after the beginning of the first year of the course is to be considered to have had that status as of the beginning of the first year of the course;

(c)

a person who becomes the child of a Swiss national after the beginning of the first year of the course is to be considered to have been such a child as of the beginning of the first year of the course

Annotations

Commencement

I1

Sch. 1 para. 1 in force at 30.4.2006, see reg. 1

Footnotes

f1

1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).