Paragraph 2 Interpretation of Schedule 1I1

In this Schedule—

• “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 frontier self-employed person” means an EEA national who—

  1. (a)

     is a self-employed person in England, 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, as the case may be, daily or at least once a week;

• “EEA frontier worker” means an EEA national who—

  1. (a)

     is a worker in England, 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, 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 than an EEA frontier self-employed person, in the United Kingdom;

• “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;

• F1“evacuated or assisted British national from Afghanistan” means a person—

  1. (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;

  2. (b)

     who was either—

     1. (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

     2. (ii)

        assisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; and

  3. (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—

  1. (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 13(3), means—

     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 that person or that 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, means—

     1. (i)

        that person’s spouse or civil partner, or

     2. (ii)

        that person’s child or the child of that 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, or, for the purposes of paragraph 16, or 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, means—

     1. (i)

        that person’s spouse or civil partner, or

     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;

  4. (d)

     in relation to an EU national who falls within Article 7(1)(b) of Directive 2004/38, or, for the purposes of paragraph 16, 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, means—

     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 that person or that person’s spouse or civil partner;

  5. (e)

     in relation to a United Kingdom national, for the purposes of paragraph 17 or 21 or for the purposes of paragraph 20 in relation to a person settled in the United Kingdom, means—

     1. (i)

        that person’s spouse or civil partner, or

     2. (ii)

        direct descendants of the person or of the person’s spouse or civil partner who are dependants of that person or that person’s spouse or civil partner;

• “parent” means a parent, guardian or other person having parental responsibility, and child is to be construed accordingly;

• “self-employed person” 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;

  2. (b)

     in relation to a Swiss national, a person who is self-employed within the meaning of Annex 1 to the Swiss Agreement;

• “settled” has the meaning given in section 33(2A) of the Immigration Act 1971^f1;

• “Swiss Agreement” means the Agreement between the EU 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^f2 and which came into force on 1st June 2002;

• “Swiss citizens’ rights agreement” has the meaning given by the European Union (Withdrawal Agreement) Act 2020 (see section 39 of that Act);

• “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—

  1. (a)

     is an employed person in England, 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, as the case may be, daily or at least once a week;

• “Swiss frontier self-employed person” means a Swiss national who—

  1. (a)

     is a self-employed person in England, 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, as the case may be, daily or at least once a week;

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

• “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.

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.