Paragraph 14 Workers, employed persons, self-employed persons and their family membersI1

England and Wales

(1)

A person with protected rights who—

(a)

is ordinarily resident in England on the first day of the HE short course,

(b)

has been ordinarily resident throughout the three-year period preceding the first day of the HE short course either—

(i)

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

(ii)

in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories, 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;

(b)

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

Annotations

Commencement

I1: Sch. 1 para. 14 in force at 13.4.2022, see reg. 1(2)