Paragraph 1 I1

For the purposes of this Schedule—

• F1“the 2020 Citizens’ Rights Regulations” (“Rheoliadau Hawliau Dinasyddion 2020”) means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

• “academic year” (“blwyddyn academaidd”) means the period of twelve months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December, respectively;

• “Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29 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^f1;

• “EEA frontier self-employed person” (“person hunangyflogedig ffin yr AEE”) means an EEA national who—

  1. (a)

     is a self-employed person in the United Kingdom; and

  2. (b)

     resides in Switzerland or the territory of an EEA State F2... and returns to the national’s residence in Switzerland or that EEA State daily or at least once a week;

• “EEA frontier worker” (“gweithiwr ffin yr AEE”) means an EEA national who—

  1. (a)

     is a worker in the United Kingdom; and

  2. (b)

     resides in Switzerland or the territory of an EEA State ... and returns to the national’s residence in Switzerland or that EEA State daily or at least once a week;

• “EEA migrant worker” (“gweithiwr mudol o’r AEE”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

• “EEA national” (“gwladolyn o’r AEE”) means a national of an EEA State ...;

• “EEA self-employed person” (“person hunangyflogedig o’r AEE”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

• F3“EEA EFTA separation agreement” (“cytundeb gwahanu EFTA yr AEE”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

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

• “employment” (“cyflogaeth”) means full-time or part-time employment;

• “EU national” (“gwladolyn o’r UE”) means a national of a Member State of the European Union;

• “European Economic Area” (“Ardal Economaidd Ewropeaidd”) means the area comprised by the EEA States;

• “European Union” (“yr Undeb Ewropeaidd”) means the territory comprised by the Member States of the European Union as constituted from time to time;

• “family member” (“aelod o deulu”) means—

  1. (a)

     in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person F4, an EEA self-employed person, 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)

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

        1. (aa)

           under the age of 21; or

        2. (bb)

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

     3. (iii)

        dependent direct relatives in the ascending line of the person or 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)

        the person’s spouse or civil partner; or

     2. (ii)

        the person’s child or the child of the 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 F5or, 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)

        the national’s spouse or civil partner; or

     2. (ii)

        direct descendants of the national or the national’s spouse or civil partner who are—

        1. (aa)

           under the age of 21; or

        2. (bb)

           dependants of the national or the national’s spouse or civil partner;

  4. (d)

     in relation to an EU national who falls within Article 7(1)(b) of Directive 2004/38 F6or, 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)

        the national’s spouse or civil partner;

     2. (ii)

        direct descendants of the national or the national’s spouse or civil partner who are—

        1. (aa)

           under the age of 21; or

        2. (bb)

           dependants of the national or the national’s spouse or civil partner; or

     3. (iii)

        dependent direct relatives in the national’s ascending line or of the national’s spouse or civil partner;

  5. (e)

     in relation to a United Kingdom national, for the purposes of F7paragraphs 9, 9B, 9E and for the purposes of paragraphs 9C and 9D in relation to persons settled in the United Kingdom —

     1. (i)

        the national’s spouse or civil partner; or

     2. (ii)

        direct descendants of the national or the national’s spouse or civil partner who are—

        1. (aa)

           under the age of 21; or

        2. (bb)

           dependants of the national or the national’s spouse or civil partner;

• F8“immigration rules” (“rheolau mewnfudo”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;

• “the Islands” (“yr Ynysoedd”) means the Channel Islands and the Isle of Man;

• “overseas territories” (“tiriogaethau tramor”) means Anguilla; F9... Bermuda; British Antarctic Territory; British Indian Ocean Territory; F10... Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; F11Gibraltar; Mayotte; Greenland; Montserrat; F12the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St-Barthélemy; F13St Helena, Ascension and Tristan da Cunha; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands F14; Virgin Islands; and Wallis and Futuna;

• F15...

• “person granted leave to enter or remain as a protected person” (“person y rhoddwyd caniatâd iddo ddod i mewn neu aros fel person a ddiogelir”) means a person who has—

  1. (a)

     extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules;

  2. (b)

     extant leave to remain as a stateless person under the immigration rules;

  3. (c)

     extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules; F16or

  4. (d)

     extant leave to remain under paragraphs 352J, 352K, 352L or 352T of the immigration rules (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave);

  5. (e)

     F17...

  6. (ea)

     ...

  7. (eb)

     ...

  8. (f)

     ...

  9. (g)

     ...

  10. (h)

      ...

• “person granted F18leave to enter or remain as a protected partner” (“person y rhoddwyd F19caniatâd iddo ddod i mewn neu aros fel partner a ddiogelir”) means a person with extant leave to enter or remain in the United Kingdom as either a victim of domestic violence or domestic abuse or as a bereaved partner F20granted in any of the following cases—

  1. (1)

     F21in the case of a person granted leave to remain before 31 January 2024, F22under any of the following provisions of the immigration rules—

     1. (a)

        paragraphs 289B and 289D (victims of domestic violence);

     2. (b)

        paragraphs D-DVILR.1.1. and D-DVILR.1.2. of Appendix FM (victims of domestic abuse);

     3. (c)

        paragraphs 40 and 41 of Appendix Armed Forces (victims of domestic violence who are partners of members of armed forces);

     4. (d)

        paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of the immigration rules are met (bereaved spouses or civil partners);

     5. (e)

        paragraphs D-BPILR.1.1. and D-BPILR.1.2. of Appendix FM (bereaved partners);

     6. (f)

        paragraphs 36 and 37 of Appendix Armed Forces (bereaved partners); or

     7. (g)

        paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of the immigration rules are met (bereaved unmarried or same sex partners);

  2. (2)

     F23in the case of a person granted leave to enter or remain on or after 31 January 2024, F24under either of the following provisions of the immigration rules—

     1. (a)

        paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

     2. (b)

        paragraph BP 11.1 of Appendix Bereaved Partner.

  3. (3)

     F25in the case of a person granted leave to enter or remain on or after 5 October 2023 as a bereaved partner, under paragraph AF (GHK) 14.1 of Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 of the immigration rules;

  4. (4)

     in the case of a person granted leave to enter or remain before 5 October 2023, outside the immigration rules, on the basis that the person was a bereaved partner of a Gurkha discharged before 1 July 1997;

• “person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”) means a person (“P”)—

  1. (a)

     F26who has—

     1. (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 F27... discretionary leave, and who has been granted leave to enter or remain accordingly;

     2. (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, and who has been granted leave to enter or remain accordingly;

     3. (iia)

        F28been granted leave to remain on the grounds of family life under the immigration rules;

     4. (iii)

        been granted leave to remain on the grounds of private life under the immigration rules; or

     5. (iv)

        been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is not considered to qualify for leave to remain on the grounds of private F29or family life under the immigration rules, P has been granted leave to remain outside the rules on the grounds of Article 8 of the European Convention on Human Rights;

  2. (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

  3. (d)

     who has been ordinarily resident in the F30United Kingdom and the Islands throughout the period since P was granted leave to enter or remain;

• F31“person with leave to enter or remain as a relevant Afghan citizen” (“person sydd â chaniatâd i ddod i mewn neu i aros fel dinesydd perthnasol o Affganistan”) means a person who has—

  1. (a)

     indefinite leave to enter the United Kingdom F32granted under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom granted under paragraph 276BS2 of the immigration rules;

  2. (b)

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

  3. (c)

     leave to enter or indefinite leave to enter or remain in the United Kingdom granted outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme; F33...

  4. (d)

     indefinite leave to enter or remain in the United Kingdom granted outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme; F34or

  5. (e)

     indefinite leave to enter or remain in the United Kingdom granted outside the immigration rules on the basis of the Afghanistan Response Route;

• “person with protected rights” (“person sydd â hawliau gwarchodedig”) means—

  1. (1)

     F35.

     1. (a)

        a person within the personal scope of the citizens’ rights provisions who—

        1. (i)

           has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

        2. (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; F36...

        3. (iii)

           is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or

        4. (iv)

           F37otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or

     2. (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. (2)

     • F38In paragraph (1)(iv) “citizens’ rights deeming provisions” means—

       1. (a)

          Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

       2. (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

       3. (c)

          Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

• F39...

• “protected spouse or civil partner” (“priod neu bartner sifil a ddiogelir”) means a spouse or civil partner of a person who has—

  1. (a)

     extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules; or

  2. (b)

     extant leave to remain as a stateless person under the immigration rules;

• F40“protected Ukrainian national” (“gwladolyn Wcreinaidd a ddiogelir”) means a person F41who has extant leave to enter or remain in the United Kingdom F42granted—

  1. (a)

     F43under any of the following provisions of Appendix Ukraine Scheme of the immigration rules—

     1. (i)

        paragraph UKR 9.1 (Ukraine Family Scheme);

     2. (ii)

        paragraph UKR 19.1 (Homes for Ukraine Sponsorship Scheme);

     3. (iii)

        paragraph UKR 27.1 (Ukraine Extension Scheme);

     4. (iv)

        paragraph UKR 36.1 (Ukraine Permission Extension Scheme); or

  2. (b)

     outside the immigration rules, where the person—

     1. (i)

        was residing in Ukraine immediately before 1 January 2022; and

     2. (ii)

        left Ukraine in connection with the Russian invasion which took place on 24 February 2022;

• “refugee” (“ffoadur”) 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 28 July 1951^f2 as extended by the Protocol thereto which entered into force on 4 October 1967^f3;

• “relevant period” (“cyfnod perthnasol”) has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;

• “relevant person of Northern Ireland” (“person perthnasol o Ogledd Iwerddon”) has the meaning given by residence scheme immigration rules;

• “residence scheme immigration rules” (“rheolau mewnfudo’r cynllun preswylio”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;

• F44...

• “self-employed person” (“person hunangyflogedig”) 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” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971^f4;

• “specified British overseas territories” (“tiriogaethau tramor Prydeinig penodedig”) means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; F45... Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; F46St Helena, Ascension and Tristan da Cunha; F47Turks and Caicos Islands; and Virgin Islands;

• “Swiss Agreement” (“Cytundeb y Swistir”) means the Agreement between the European Community 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 21 June 1999^f5 and which came into force on 1 June 2002;

• “Swiss citizens’ rights agreement” (“cytundeb ar hawliau dinasyddion Swisaidd”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

• “Swiss employed person” (“person cyflogedig Swisaidd”) means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

• “Swiss frontier employed person” (“person cyflogedig ffin y Swistir”) means a Swiss national who—

  1. (a)

     is an employed person in the United Kingdom; and

  2. (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 daily or at least once a week;

• “Swiss frontier self-employed person” (“person hunangyflogedig ffin y Swistir”) means a Swiss national who—

  1. (a)

     is a self-employed person in the United Kingdom; and

  2. (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 daily or at least once a week;

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

• “Turkish worker” (“gweithiwr Twrcaidd”) means a Turkish national who—

  1. (a)

     is ordinarily resident in the United Kingdom; and

  2. (b)

     is, or has been lawfully employed in the United Kingdom; and

• “United Kingdom national” (“gwladolyn o’r Deyrnas Unedig”) has the meaning given by Article 2(d) of the EU withdrawal agreement;

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

• “the Workers Regulation” (“y Rheoliad Gweithwyr”) means 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;

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” (“rhiant”) includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” (“plentyn”) is to be construed accordingly.

For the purposes of this Schedule, a person (“P” in this definition) is to be treated as ordinarily resident in the United Kingdom, the United Kingdom and the Islands F49, in the territory comprising the United Kingdom, the Islands and the Republic of Ireland, in F50the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland, in F51the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories F52, in the territory comprising the United Kingdom, the Islands and the specified British overseas territories, or in F53the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories if P 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 (3), temporary employment includes—

For the purposes of this Schedule an area F57other than the United Kingdom or Gibraltar which—

is to be considered to have always been a part of the European Economic Area.

For the purposes of this Schedule a person who is ordinarily resident in Wales, England, F58Scotland or Northern Ireland F59... having moved from one of those areas for the purpose of undertaking—

is to be considered to be ordinarily resident in the place from which the person moved.

For the purposes of this Schedule, a person is within the personal scope of the citizens’ rights provisions if that person falls within—