Paragraph 1 I1

For the purposes of this Schedule—

• F1“the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

• “academic year” means the period of twelve months beginning on 1^st January, 1^st April, 1^st July or 1^st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1^st January and before 1^st April, on or after 1^st April and before 1^st July, on or after 1^st July and before 1^st August or on or after 1^st August and on or before 31^st December, respectively;

• “Directive 2004/38” means Directive 2004/38/EC of the European Parliament and of the Council of 29^th April 2004^f1 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

• “ F2EU national” means a national of a Member State of the European Community;

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2^nd May 1992^f2 as adjusted by the Protocol signed at Brussels on 17^th March 1993^f3;

• F3“EEA EFTA separation agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

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

  1. (a)

     is a self-employed person in the United Kingdom; and

  2. (b)

     resides in Switzerland or the territory of an EEA StateF4... and returns to his residence in Switzerland or that EEA State daily or at least once a week;

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

  1. (a)

     is a worker in the United Kingdom; and

  2. (b)

     resides in Switzerland or the territory of an EEA State ...and returns to his residence in Switzerland or that EEA State 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 with the meaning of Annex 1 to the Swiss Agreement;

• “employment” means full-time or part-time employment;

• “European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;

• “European Economic Area” means the area comprised by the EEA States;

• F5“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” means—

  1. (a)

     in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person F6, 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 6A(3) —

     1. (i)

        his spouse or civil partner;

     2. (ii)

        F7direct 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 his ascending line or that of his 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—

     1. (i)

        his spouse or civil partner; or

     2. (ii)

        his child or the child of his spouse or civil partner;

  3. (c)

     in relation to an F8EU national who falls within Article 7(1)(c) of Directive 2004/38 F9or, for the purposes of paragraph 9ZA, in relation to 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 —

     1. (i)

        his spouse or civil partner; or

     2. (ii)

        direct descendants of his or of his spouse or civil partner who are—

        1. (aa)

           under the age of 21; or

        2. (bb)

           dependants of his or his spouse or civil partner;

  4. (d)

     in relation to an F10EU national who falls within Article 7(1)(b) of Directive 2004/38 F11or, for the purposes of paragraph 9ZA, 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 —

     1. (i)

        his spouse or civil partner;

     2. (ii)

        direct descendants of his or of his spouse or civil partner who are—

        1. (aa)

           under the age of 21; or

        2. (bb)

           dependants of his or his spouse or civil partner; or

     3. (iii)

        dependent direct relatives in his ascending line or that of his spouse or civil partner;

  5. (e)

     in relation to a United Kingdom national, for the purposes of F12paragraphs 9, 9ZB, 9ZD or for the purposes of paragraph 9ZC in relation to a person settled in the United Kingdom—

     1. (i)

        his spouse or civil partner; or

     2. (ii)

        direct descendants of his or of his spouse or civil partner who are—

        1. (aa)

           under the age of 21; or

        2. (bb)

           dependants of his or his spouse or civil partner;

• F13“immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971;

• F14“the Islands” means the Channel Islands and the Isle of Man;

• “overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; F15Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten); Pitcairn, Henderson, Ducie & Oeno Islands; South Georgia and the South Sandwich Islands; F16St-Barthélemy ; St Helena and Dependencies (Ascension Island and Tristan de Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands and Wallis and Futuna;

• F17“persons granted humanitarian protection” means a person—

  1. (a)

     who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules F18...;

  2. (b)

     whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002);

  3. (c)

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain.

• F19“person granted indefinite leave to remain as a bereaved partner” means a person—

  1. (a)

     granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rulesF20...—

     1. (i)

        F21paragraph BP 11.1 of Appendix Bereaved Partner; or

     2. (ii)

        where such leave was granted before the coming into force of Appendix Bereaved Partner—

        1. (aa)

           paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);

        2. (bb)

           paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);

        3. (cc)

           paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or

        4. (dd)

           paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces); and

  2. (b)

     who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

• F22“person granted indefinite F23leave to enter or remain as a victim of domestic violence or domestic abuse” means a person—

  1. (i)

     granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rulesF24...—

     1. (aa)

        F25paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or

     2. (bb)

        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); and

  2. (ii)

     who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

• F26“person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

• F27“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 F28, a person granted leave under the Ukraine Permission Extension Scheme or a person granted leave under the Ukraine Family Scheme;

• “person granted leave under the Afghan Citizens Resettlement Scheme” means a person—

  1. (a)

     F29who has indefinite leave to enter or remain in the United Kingdom, outside the immigration rules, on the basis of the Afghan Citizens Resettlement Scheme; and

  2. (b)

     who 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—

  1. (a)

     who has—

     1. (i)

        indefinite leave to enter the United Kingdom under paragraph 276BA2, or has indefinite leave to remain under paragraph 276BS2 of the F30immigration rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iii)(a) of the F31immigration rules;

     2. (ia)

        F32indefinite 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;

     3. (ii)

        leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme; F33or

     4. (iii)

        indefinite leave to enter or remain, outside those rules, on the basis of the Afghan Relocations and Assistance Policy Scheme; F34and

     5. (iv)

        F35... and

  2. (b)

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• F36“person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—

  1. (a)

     who has leave to enter or remain in the United Kingdom—

     1. (i)

        under paragraph UKR 19.1 of Appendix Ukraine Scheme of the F37immigration rules; or

     2. (ii)

        outside the F38immigration rules where the person—

        1. (aa)

           was residing in Ukraine immediately before 1st January 2022; and

        2. (bb)

           left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

  2. (b)

     who 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 Ukraine Extension Scheme” means a person—

  1. (a)

     who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the F39immigration rules F40, as it had effect on the day such leave was granted; and

  2. (b)

     who 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 Ukraine Family Scheme” means a person—

  1. (a)

     who has leave to enter or remain in the United Kingdom—

     1. (i)

        under paragraph UKR 9.1 of Appendix Ukraine Scheme of the F41immigration rules F42, as it had effect on the day such leave was granted; or

     2. (ii)

        outside the F43immigration rules where the person—

        1. (aa)

           was residing in Ukraine immediately before 1st January 2022; and

        2. (bb)

           left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

  2. (b)

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• F44“person granted leave under the Ukraine Permission Extension Scheme” means a person—

  1. (a)

     who has leave to remain in the United Kingdom under F45paragraph UKR 36.1 of Appendix Ukraine Scheme of the immigration rules; and

  2. (b)

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

• F46“person granted stateless leave” means a person who—

  1. (a)

     has extant leave to remain as a stateless person under the immigration rules F47...; and

  2. (b)

     has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave.

• F48“person with protected rights” means—

  1. (1)

     1. (a)

        F49a person within the personal scope of the citizens’ rights provisions who—

        1. (i)

           has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

        2. (ii)

           is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; F50...

        3. (iii)

           is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or

        4. (iv)

           F51otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or

     2. (b)

        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;

  2. (2)

     F52In paragraph (1)(iv) “citizens’ rights deeming provisions” means—

     1. (a)

        Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

     2. (b)

        Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

     3. (c)

        Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

• F53“person with leave to enter or remain on the grounds of discretionary leave” means a person (“P”)—

  1. (a)

     who has—

     1. (i)

        applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is considered not to qualify for recognition as a refugee it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave, or

     2. (ii)

        not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave,

  2. (b)

     who has been granted leave to enter or to remain accordingly,

  3. (c)

     whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and

  4. (d)

     who has been ordinarily resident in the United Kingdom and Islands throughout the period since P was granted leave to enter or remain.

• “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 28^th July 1951^f4 as extended by the Protocol thereto which entered into force on 4^th October 1967^f5;

• F54relevant period” has the meaning given by regulation 4 of the 2020 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;

• F55...

• “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; or

  2. (b)

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

• “settled” has the meaning given by section 33(2A) of the Immigration Act 1971^f6;

• “Swiss Agreement” means the Agreement between the European Community 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 21^st June 1999^f7 and which came into force on 1^st June 2002;

• “Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

• “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 the United Kingdom; and

  2. (b)

     resides in Switzerland or in the territory of an EEA State ...and returns to his residence in Switzerland or that EEA State 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 the United Kingdom; and

  2. (b)

     resides in Switzerland or in the territory of an EEA State ...and returns to his residence in Switzerland or that EEA State 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;

• “Turkish worker” means a Turkish national who—

  1. (a)

     is ordinarily resident in the United Kingdom; and

  2. (b)

     is, or has been lawfully employed in the United Kingdom;

• F56“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.

For the purposes of this Schedule, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

For the purposes of this Schedule, “parent” F59means a parent, guardian or any other person having parental responsibility for a child and “child” is to be construed accordingly.

For the purposes of this Schedule, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place.

For the purposes of this Schedule, a person is to be treated as ordinarily resident in the United Kingdom, the United Kingdom and Islands, in F61the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland , in F62the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories , or in F63the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories if he would have been so resident but for the fact that—

For the purposes of paragraph (3), temporary employment includes—

For the purposes of this Schedule an area F65other than the United Kingdom or Gibraltar which—

For the purposes of this Schedule a person who is ordinarily resident in the United Kingdom as a result of having moved from the Islands for the purpose of undertaking a course is to be considered to be ordinarily resident in the Islands;

For the purposes of this Schedule a person who is ordinarily resident in Northern Ireland as a result of having moved from England, Wales, Scotland or the Islands for the purpose of undertaking a course is to be considered as ordinarily resident in England, Wales, Scotland or the Islands as the case may be.