Paragraph 1 Interpretation: categoriesI1
England and Wales
In these Regulations—
“the Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020f1;
“EEA EFTA separation agreement” has the meaning given by the European Union (Withdrawal Agreement) Act 2020f2 (see section 39 of that Act);
“immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971f3;
“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, and
- (b)
has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave to remain;
- (a)
“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,
- (b)
whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within the meaning of section 104 of the 2002 Actf4), and
- (c)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;
- (a)
“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—
- (i)
F1paragraph BP 11.1 of Appendix Bereaved Partner, or
- (ii)
where such leave was granted before the coming into force of Appendix Bereaved Partner—
- (aa)
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners),
- (bb)
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners),
- (cc)
paragraph D-BPILR.1.1 of Appendix FM (bereaved partners), or
- (dd)
paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces), and
- (aa)
- (i)
- (b)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;
- (a)
“person granted indefinite F2leave 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—
- (i)
F3paragraph 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),
- (i)
- (b)
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;
- (a)
“person granted leave under one of the Afghan Schemes” means—
- (a)
a person granted leave under the Afghan Citizens Resettlement Scheme, or
- (b)
a person granted leave under the Afghan Relocations and Assistance Policy Scheme;
- (a)
F4“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 F5, a person granted leave under the Ukraine Permission Extension Scheme or a person granted leave under the Ukraine Family Scheme;
F6“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;
- (a)
“person granted leave under the Afghan Citizens Resettlement Scheme” means a person who—
- (a)
- (b)
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 who—
- (a)
has—
- (i)
indefinite leave to enter the United Kingdom under paragraph 276BA2, or 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,
- (ia)
F9indefinite 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,
- (ii)
leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme, F10or
- (iii)
indefinite leave to enter or remain in the United Kingdom, outside the immigration rules, on the basis of the Afghan Relocations and Assistance Policy Scheme, F11and
- (iv)
F12...
- (i)
- (b)
has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
- (a)
F13“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
- (aa)
- (i)
- (b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
- (a)
“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;
- (a)
“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
- (aa)
- (i)
- (b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
- (a)
“person granted section 67 leave” means a person—
- (a)
who—
- (i)
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 2016f5, or
- (ii)
is a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of the immigration rules, and
- (i)
- (b)
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
- (a)
“person granted stateless leave” means a person who—
- (a)
has extant leave to remain as a stateless person under the immigration rules, and
- (b)
has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;
- (a)
“person with protected rights” has the meaning given in sub-paragraph (2);
“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;
“the relevant period” has the meaning given by regulation 4 of the 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;
“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.
- (a)
“Person with protected rights” means—
a person within the personal scope of the citizens’ rights provisions who—
has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,
is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971f6, does not require leave to enter or remain in the United Kingdom,
is an applicant for the purposes of regulation 4 of the Citizens’ Rights Regulations, where the relevant period has not expired, or
otherwise has rights deemed to apply by virtue of any of the citizens’ rights deeming provisions, or
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.
For the purposes of sub-paragraph (2) “citizens’ rights deeming provisions” means—
Article 18(2) and (3) of the EU withdrawal agreement (issuance of residence documents),
Article 17(2) and (3) of the EEA EFTA separation agreement (issuance of residence documents), or
Article 16(2) and (3) of the Swiss citizens’ rights agreement (issuance of residence documents).
For the purposes of these Regulations, a person (“P”) is within the personal scope of the citizens’ rights provisions if P falls within—
Article 10 of the EU withdrawal agreement (personal scope),
Article 9 of the EEA EFTA separation agreement (personal scope), or
Article 10 of the Swiss citizens’ rights agreement (personal scope).
Annotations
Textual amendments
- F1
Words in Sch. 1 para. 1(1) substituted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/669), regs. 1(1), 15
- F2
Words in Sch. 1 para. 1(1) substituted (with application in accordance with reg. 2(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 55(2)(a)
- F3
Words in Sch. 1 para. 1(1) substituted (with application in accordance with reg. 2(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 55(2)(b)
- F4
Words in Sch. 1 para. 1(1) inserted (with application in accordance with reg. 1(4)(h) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 25(5)(a)(i)
- F5
Words in Sch. 1 para. 1(1) inserted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/669), regs. 1(1), 8(a)
- F6
Words in Sch. 1 para. 1(1) inserted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/669), regs. 1(1), 8(b)
- F7
Word in Sch. 1 para. 1(1) substituted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 132(2)(a)(i) (with reg. 141(2)(3))
- F8
Words in Sch. 1 para. 1(1) omitted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 132(2)(a)(ii) (with reg. 141(2)(3))
- F9
Words in Sch. 1 para. 1(1) substituted (15.2.2024) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 59
- F10
Word in Sch. 1 para. 1(1) inserted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 132(2)(b)(i) (with reg. 141(2)(3))
- F11
Word in Sch. 1 para. 1(1) substituted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 132(2)(b)(ii) (with reg. 141(2)(3))
- F12
Words in Sch. 1 para. 1(1) omitted (with application in accordance with reg. 2(6)(7)(9) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), reg. 132(2)(b)(iii) (with reg. 141(2)(3))
- F13
Words in Sch. 1 para. 1(1) inserted (with application in accordance with reg. 1(4)(h) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 25(5)(a)(ii)
Commencement
- I1
Sch. 1 para. 1 in force at 13.4.2022, see reg. 1(2)
Footnotes
- f1
- f2
- f3
-
1971 c. 77. There are amendments to section 33 not relevant to these Regulations.
- f4
-
Section 104 was amended by paragraph 20 of Schedule 2, and Schedule 4, to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), section 9 of the Immigration, Asylum and Nationality Act 2006 (c. 13), paragraph 47 of Schedule 9 to the Immigration Act 2014 (c. 22) and S.I. 2010/21.
- f5
- f6
-
Section 3ZA was inserted by section 2 of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20).