Paragraph 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 M1;

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 M2, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993 M3, as F1it had effect immediately before IP completion day;

• F2...

• “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 a worker, other than an EEA frontier worker, in the United Kingdom;

• “EEA national” means a national of an EEA State F3...;

• “EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

• “EEA State”, in relation to any time, means—

  1. (a)

     a state which at any time is a Member State; or

  2. (b)

     any other state which at that time is a party to the EEA Agreement;

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

• “EU national” means a national of a Member State;

• “European Economic Area” means the area comprised by the European Union, the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;

• F4“evacuated or assisted British national from Afghanistan” means a person—

  1. (a)

     who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;

  2. (b)

     who was either—

     1. (i)

        evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; or

     2. (ii)

        assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and

  3. (c)

     who has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

• “family member”, unless otherwise indicated, means—

  1. (a)

     in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person F5, an EEA self-employed person, or a relevant person of Northern Ireland who is treated as an EEA migrant worker or an EEA self-employed person by virtue of paragraph 6A(3)—

     1. (i)

        that person's spouse or civil partner;

     2. (ii)

        F6direct descendants of the person or of the person’s spouse or civil partner who are—

     3. (aa)

        under the age of 21; or

     4. (bb)

        dependents of the person or the person’s spouse or civil partner; or

     5. (iii)

        dependent direct relatives in that person's ascending line or that of the person's 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)

        that person's spouse or civil partner; or

     2. (ii)

        that person's child or the child of that person's spouse or civil partner;

  3. (c)

     in relation to an EU national who falls within article 7(1)(c) of Directive 2004/38 F7or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within article 7(1)(c) of Directive 2004/38 if that person were an EU national or solely an EU national—

     1. (i)

        that person's spouse or civil partner; or

     2. (ii)

        direct descendants of that person or that person's spouse or civil partner who are—

     3. (aa)

        under the age of 21;

     4. (bb)

        dependants of that person or of the person's spouse or civil partner;

  4. (d)

     in relation to an EU national who falls within article 7(1)(b) of Directive 2004/38 F8or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within article 7(1)(b) of Directive 2004/38 if that person were an EU national or solely an EU national—

     1. (i)

        that person's spouse or civil partner;

     2. (ii)

        direct descendants of the person or of the person's spouse or civil partner who are—

     3. (aa)

        under the age of 21; or

     4. (bb)

        dependants of the person or of the person's spouse or civil partner;

     5. (iii)

        dependent direct relatives in the person's ascending line or that of the person's spouse or civil partner;

  5. (e)

     in relation to a United Kingdom national, for the purposes of F9paragraphs 9, 9B and 9D, or for the purposes of paragraph 9C in relation to a person settled in the United Kingdom —

     1. (i)

        the person's spouse or civil partner; or

     2. (ii)

        direct descendants of the person or the person's spouse or civil partner who are—

     3. (aa)

        under the age of 21; or

     4. (bb)

        dependants of the person or of the person's spouse or civil partner;

• “Member State” means a Member State of the European Union;

• F10“person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

• “person granted leave under the Afghan Citizens Resettlement Scheme” means a person—

  1. (a)

     who has—

     1. (i)

        F11indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules;

     2. (ii)

        F12...

  2. (b)

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• F13“overseas territories” means Anguilla; F14... Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; F15the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; F16... Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; F17St Helena, Ascension and Tristan da Cunha; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;

• ...

• ...

• F18“person granted leave under the Afghan Relocations and Assistance F19Policy Scheme” means a person—

  1. (a)

     who has —

     1. (i)

        indefinite leave to enter the United Kingdom under paragraph 276BA2 of or has indefinite leave to remain under paragraph 276BS2 of the F20immigration rules, having been relocated to the United Kingdom pursuant to paragraph F21276BB1(iii)(a) of the F22immigration rules;

     2. (ia)

        F23indefinite leave to enter the United Kingdom under ARAP paragraph 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix of those rules;

     3. (ii)

        leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme; F24or

     4. (iii)

        indefinite leave to enter or remain in the United Kingdom, outside those rules, on the basis of the Afghan Relocations and Assistance Policy Scheme; F25and

     5. (iv)

        F26...

  2. (b)

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• “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 Swiss Agreement;

• “settled” has the meaning given by section 33(2A) of the Immigration Act 1971 M4;

• F27“specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; F28St Helena, Ascension and Tristan da Cunha; and Turks and Caicos Islands;

• “Swiss Agreement” means the Agreement between the European Union and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 M5 and which came into force on 1st June 2002;

• ...

• “Swiss employed person” means a Swiss national who is 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 a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

• F29“United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement;

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

“EEA frontier self-employed person” means an EEA national who—

“EEA frontier worker” means an EEA national who—

“Swiss frontier employed person” means a Swiss national who—

“Swiss frontier self-employed person” means a Swiss national who—

For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.

For the purposes of this Schedule, “parent” F36means a parent, guardian or any other person having parental responsibility and “child” is to be construed accordingly..

For the purposes of this Schedule, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place.

For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—

is or was temporarily employed outside the area in question.

For the purposes of sub-paragraph (7), temporary employment outside the area in question includes—