# The Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2012, Paragraph 1

Extent: N.I.

(1) For the purposes of this Schedule—
“the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;
“course start date” means the day on which the first term of the first academic year of a designated course actually begins;
“Directive 2004/38” means Directive 2004/38 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;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993, as modified or supplemented from time to time;
...
“EEA frontier self-employed person” means an EEA national who-
(a)is a self-employed person in Northern Ireland; and
(b)resides in Switzerland or the territory of an EEA state ... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“EEA frontier worker” means an EEA national who—
(a)is a worker in Northern Ireland; and
(b)resides in Switzerland or the territory of an EEA State ... and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“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 ...;
“EEA self-employed person” means an EEA national who is a self-employed person, other an EEA frontier self-employed person, in the United Kingdom;
“EEA state”, in relation to any time, means-
(a)a state which at that time is a Member State; or
(b)any other state which at that time is a party to the EEA Agreement;
(c) “eligible student” has the meaning given in regulation 4;
“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 of the EU;
“European Economic Area” means the area comprised by the EEA States;
“evacuated or assisted British national from Afghanistan” means a person—
(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;
(b)who was either—
(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
(ii)assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and
(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—
(a)in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person , 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 5A(3) —
(i)his spouse or civil partner;
(ii)direct descendants of his or of his spouse or civil partner who are-
(aa)under the age of 21; or
(bb)dependants of his or his spouse or civil partner or
(iii)dependent direct relatives in his ascending line or that of his spouse or civil partner;
(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—
(i)his spouse or civil partner; or
(ii)his child or the child of his spouse or civil partner;
(c)in relation to an EU national who falls within the meaning of article 7(1)(c) of Directive 2004/38 or, for the purposes of paragraph 6A, 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 —
(i)his spouse or civil partner; or
(ii)direct descendants of his or of his spouse or civil partner who are—
(aa)under the age of 21; or
(bb)dependants of his or his spouse or civil partner;
(d)in relation to an EU national who falls within the meaning of article 7(1)(b) of Directive 2004/38 or, for the purposes of paragraph 6A, 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 —
(i)his spouse or civil partner;
(ii)direct descendants of his or of his spouse or civil partner who are—
(aa)under the age of 21; or
(bb)dependants of his or his spouse or civil partner; or
(iii)dependent direct relatives in his ascending line or that of his spouse or civil partner;
(e)in relation to a United Kingdom national, for the purposes of , paragraphs 6, 6B, 6C and 6D —
(i)his spouse or civil partner; or
(ii)direct descendants of his or of his spouse or civil partner who are—
(aa)under the age of 21; or
(bb)dependants of his or his spouse or civil partner;
...
“Islands” means the Channel Islands and the Isle of Man;
“person granted Calais leave” means a person who—
(a)has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971; and
(b)has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;
(c)“person granted humanitarian protection” means a person—
(a)who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971;
(b)whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002);
(c)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;
“person granted indefinite leave to remain as a bereaved partner” means a person—
(a)granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—
(i)paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved partners),
(ii)paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners),
(iii)paragraph D-BPILR.1.1 of Appendix FM (bereaved partners), or
(iv)paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces), and
(b)who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;
“person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse” means a person—
(a)granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—
(i)paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or
(ii)where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces);
(iii)paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); and
(b)who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;
“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 one of the Ukraine Schemes” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme , a person granted leave under the Ukraine Permission Extension Scheme or a person granted leave under the Ukraine Family Scheme;
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person—
(a)who has indefinite leave to enter or remain in the United Kingdom, outside the immigration rules, on the basis of the Afghan Citizens Resettlement Scheme; and
(i)indefinite leave to enter or remain in the United Kingdom, outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 on the basis of the Afghan Citizens Resettlement Scheme; and
(ii)... and
(b)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;”
“person granted leave under the Afghan Relocations and Assistance Policy Scheme” means a person—
(a)who has—
(i)indefinite leave to enter the United Kingdom under paragraph 276BA2, or has indefinite leave to remain under paragraph 276BS2 of the Immigration Rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iii)(a) of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971;
(ia)indefinite 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 as defined in section 33(1) of the Immigration Act 1971;
(iii)leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme; or
(iv)indefinite leave to enter or remain, outside those rules, on the basis of the Afghan Relocations and Assistance Policy Scheme; and
(v)...
“person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—
(a)who has leave to enter or remain in the United Kingdom—
(i)under paragraph UKR 19.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or
(ii)outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—
(aa)was residing in Ukraine immediately before 1st January 2022; and
(bb)left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and
(b)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“person granted leave under the Ukraine Extension Scheme” means a person—
(a)who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; and
(b)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“person granted leave under the Ukraine Family Scheme” means a person—
(a)who has leave to enter or remain in the United Kingdom—
(i)under paragraph UKR 9.1 of Appendix Ukraine Scheme of the Immigration Rules as defined in section 33(1) of the Immigration Act 1971; or
(ii)outside the Immigration Rules as defined in section 33(1) of the Immigration Act 1971 where the person—
(aa)was residing in Ukraine immediately before 1st January 2022; and
(bb)left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and
(b)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“person granted leave under the Ukraine Permission Extension Scheme” means a person—
(a)who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and
(b)who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“person granted section 67 leave” means a person who—
(a)has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016 or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; and
(b)has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“person granted stateless leave” means a person who—
(a)has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and
(b)has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
“person with leave to enter or remain on the grounds of discretionary leave” means a person (“P”)—
(a)who has—
(i)applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is considered not to qualify for recognition as a refugee it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave, or
(ii)not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave,
(b)who has been granted leave to enter or to remain accordingly,
(c)whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and
(d)who has been ordinarily resident in the United Kingdom and Islands throughout the period since P was granted leave to enter or remain;
“person with protected rights” means—
(1)(a)a person within the personal scope of the citizens’ rights provisions who—
(i)has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;
(ii)is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;
(iii)...
(iv)is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or
(v)otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or
(b)a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;
(2) In sub-paragraph (1)(a)(v) “citizens’ rights deeming provisions” means—
(a)Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
(b)Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
(c)Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967;
“relevant period” has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;
“relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;
“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;
...
“self-employed person” means—
(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
(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;
“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 and which came into force on 1st June 2002;
“Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;
“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” means a Swiss national who—
(a)is an employed person in Northern Ireland; and
(b)resides in Switzerland or in the territory of an EEA State, ... and returns to the national’s residence in Switzerland or in that EEA State, as the case may be, daily or at least once a week;
“Swiss frontier self-employed person” means a Swiss National who-
(a)is a self-employed person in Northern Ireland; and
(b)resides in Switzerland or in the territory of an EEA State, ... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“Swiss self-employed person” means a Swiss national who is self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;
“Turkish worker” means a Turkish national who—
(a)is ordinarily resident in the United Kingdom and Islands; and
(b)is, or has been, lawfully employed in the United Kingdom; and
“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.
(1A) 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.
(1B) For the purposes of this Schedule, a person is within the personal scope of the citizens’ rights provisions if that person falls within—
(a) Article 10 (personal scope) of the EU withdrawal agreement;
(b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020) ; or
(c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.
(2) For the purposes of this Schedule, “parent” includes a guardian and any other person having parental responsibility and “child” is to be construed accordingly.
(2A) 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.
(3) For the purposes of this Schedule, a person is to be treated as ordinarily resident in the United Kingdom and Islands, the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland or the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—
(a) he;
(b) his spouse or civil partner;
(c) his parent;
(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 the area in question.
(4) For the purposes of sub-paragraph (3), temporary employment outside of the United Kingdom and Islands, the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland or the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey 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;
(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 United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces; and
(c) in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces.
(5) For the purposes of this Schedule an area other than the United Kingdom or Gibraltar which—
(a) was previously not part of the EU or the European Economic Area; but
(b) at any time before or after these Regulations come into operation 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.

---
Source: https://www.legislation.gov.uk/nisr/2012/306/schedule/paragraph/1 (the official version)
Page: https://openlegislation.uk/further-education-student-support-eligibility-regulations-northern-ireland-2012/schedule/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.