Paragraph 2 EU nationals etc. with protected rights who have been living in the UK and Islands for three yearsI1

is an EU national or the family member of an EU national,

has been ordinarily resident in the United Kingdom and Islands throughout the period of 3 years immediately preceding the relevant date, and

is ordinarily resident in Scotland on the relevant date.

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in sub-paragraph (1)(a), the reference to a “family member of an EU national” is to be read as if a relevant person of Northern Ireland were included in the definition of “EU national” in regulation 2(1) (interpretation).

the requirement in sub-paragraph (1)(b) is to be read as a requirement to have been ordinarily resident in the United Kingdom, Islands, Gibraltar, the European Economic Area or Switzerland throughout the period of 3 years immediately preceding the relevant date, and

the requirement in sub-paragraph (1)(c) to be ordinarily resident in Scotland on the relevant date does not apply.