Paragraph 6A F1

Northern Ireland

(1)

A person with protected rights, or a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who—

(a)

is—

(i)

an EEA migrant worker or an EEA self-employed person;

(ii)

a Swiss employed person or a Swiss self-employed person;

(iii)

a family member of a person mentioned in sub-paragraph (i) or (ii);

(iv)

an EEA frontier worker or an EEA frontier self-employed person;

(v)

a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)

a family member of a person mentioned in sub-paragraph (iv) or (v);

(b)

subject to sub-paragraph (2), is ordinarily resident in Northern Ireland on the first day of the first academic year of the course; and

(c)

has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.

(2)

Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

(3)

In this paragraph, a description of a person in sub-paragraph(1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.

(4)

For the purposes of sub-paragraph 1(a)(iii) or (vi), an Irish citizen family member is not required to be living in the United Kingdom on IP completion day.

Annotations

Textual amendments

F1: Sch. 2 paras. 6A, 6B inserted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 13(6)

Notes on Schedule 2

Textual amendments

F1: Sch. 2 shoulder note substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 16