OpenLegislation

Paragraph 3 Persons who are settled in the United KingdomI1

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:

A person—

(a)

who, immediately before the moving date, is settled in the United Kingdom by reason of having acquired the right of permanent residence;

(b)

either—

(i)

in the case of a person who applies for support before the moving date, who—

(aa)

is ordinarily in England on the date on which makes that application; and

(bb)

satisfies the Secretary of State that he will be ordinarily resident in England immediately before the moving date; and

(ii)

in any other case, who satisfies the Secretary of State that he was ordinarily resident in England immediately before the moving date;

(c)

who had been ordinarily resident in the United Kingdom throughout the three-year period preceding the moving date; and

(d)

in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

Annotations

Commencement

I1

Sch. 1 para. 3 in force at 30.4.2006, see reg. 1