Regulation 85A Special cases: supplemental – persons from abroadF1C1

F3subject to the exceptions in paragraph (2A), the claimant has been living in any of those places for the past three months; and

the claimant has a right to reside in any of those places, other than a right to reside which falls within paragraph (3) F4or (3A).

paid either Class 1 or Class 2 contributions by virtue of regulation 114, 118, 146 or 147 of the Social Security (Contributions) Regulations 2001or by virtue of an Order in Council having effect under section 179 of the Social Security Administration Act 1992; or

been a Crown servant posted to perform overseas the duties of a Crown servant; or

been a member of Her Majesty’s forces posted to perform overseas the duties of a member of Her Majesty’s forces.

regulation 13 of the F6Immigration (European Economic Area) Regulations 2016 ; F7or F8...

regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in paragraph (5) of that regulation;

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Appendix EU to the immigration rules made under section 3(2) of that Act; F12...

being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act F13; or

having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.

has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and

would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3A).

a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of—

a person in Great Britain not coming within sub-paragraph (zza) or F16(h) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;

a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—

a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—

a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—

a qualified person for the purposes of regulation 6 of the F24Immigration (European Economic Area) Regulations 2016 as a worker or a self-employed person;

a family member of a person referred to in sub-paragraph (za) F25...;

a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;

a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national;

a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

a family member, of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;

a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;

a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 F29...

a person who has humanitarian protection granted under those rules; F31or

a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; F32...

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