Paragraph 2 ResidenceI1

It is a condition of eligibility that a child must—

A child is to be treated for the purposes of sub-paragraphs (1)(a) F3F4... and (1)(ba) as having been resident in the British Islands or, as the case may be, in F5the Republic of Ireland if the school is satisfied that the child would have been so resident but for the fact that the child’s parent is or was temporarily employed outside the British Islands or, as the case may be, the Republic of Ireland during any part of the period mentioned in those sub-paragraphs.

In sub-paragraph (1)(bb), a “relevant application” is an application to—

In this paragraph—

• “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the meanings given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

• “frontier worker” has the meaning given by regulation 3 (meaning of frontier worker) of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020;

• “person with protected rights” means a person who—

  1. (a)

     (i) has made an application under the residence scheme immigration rules where that application is still being considered;

     1. (ii)

        has been granted leave to enter or remain following such an application; or

     2. (iii)

        otherwise has rights deemed to apply by virtue of Article 18(1)(b) or (d) or (2) (issuance of residence documents) of the EU withdrawal agreement, Article 17(1)(b) or (d) or (2) (issuance of residence documents) of the EEA EFTA separation agreement, or Article 16(1)(b) or (d) or (2) (issuance of residence documents) of the Swiss citizens’ rights agreement;

  2. (b)

     is an Irish national who, pursuant to section 3ZA (Irish citizens) of the Immigration Act 1971, does not require leave to enter or remain in the UK;

• “residence scheme immigration rules” has the meaning given by section 17(1) (Interpretation: Part 3) of the European Union (Withdrawal Agreement) Act 2020.