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Regulation 9 Insertion of paragraphs 5A to 5F

Original text. Later amendments are not shown.

After paragraph 5 insert—

“5A.
(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.

5B.
(1)

A person who—

(a)

is—

(i)

an Irish citizen migrant worker or an Irish citizen self-employed person;

(ii)

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

(iii)

an Irish citizen frontier worker or an Irish citizen frontier self-employed person; or

(iv)

a family member of a person mentioned in sub-paragraph (iii);

(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)(iii) or (iv) of sub-paragraph (1).

5C.

A person who—

(a)

is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;

(b)

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; and

(c)

is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers(3), as extended by the EEA Agreement.

5D.
(1)

A person with protected rights who—

(a)

is ordinarily resident in the Northern Ireland on the first day of the first academic year of the course;

(b)

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; and

(c)

is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day.

(2)

For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—

(a)

the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland; and

(b)

the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly.

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

5E.
(1)

A person who—

(a)

is settled in the United Kingdom;

(b)

was ordinarily resident in Northern Ireland and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day;

(c)

is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

(d)

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; and

(e)

in a case where the person’s ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).

(2)

For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who had a right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had a right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

(3)

For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.

5F.
(1)

A person who—

(a)

is settled in the United Kingdom;

(b)

was ordinarily resident in Northern Ireland and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day;

(c)

was ordinarily resident immediately before IP completion day—

(i)

in the territory comprising Gibraltar, the European Economic Area and Switzerland; or

(i)

in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the United Kingdom, Gibraltar, European Economic Area and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course;

(d)

is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

(e)

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; and

(f)

in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (e).

(2)

For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who had the right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

(3)

For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.”.