Regulation 9 Persons treated as not being in Northern IrelandC1
Northern Ireland
For the purposes of determining whether a person meets the basic condition to be in Northern Ireland, except where a person falls within paragraph (4) F1and subject to paragraph (4A), , a person is to be treated as not being in Northern Ireland if the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
A person must not be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless the person has a right to reside in one of those places.
For the purposes of paragraph (2), a right to reside does not include a right which exists by virtue of, or in accordance with—
regulation 13 of the EEA Regulations F2...,
regulation 14 of the EEA Regulations M1, but only in cases where the right exists under that regulation because the person is—
a qualified person for the purposes of regulation 6(1) of those Regulations as a jobseeker, or
a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker, F3...
a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—
Appendix EU to the immigration rules made under section 3(2) of that Act, F10...
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 ActF11, 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.
Paragraph (3)(d)(i) does not apply to a person who—
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 EEA Regulations if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3)(a) or (c)
A person falls within this paragraph if the person is—
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—
the Afghan Relocations and Assistance Policy, or
the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),
a person in Northern Ireland not coming within sub-paragraph (za) or F14(e) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021,
a person in Northern Ireland 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—
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, F16...
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; F17or
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;
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—
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,
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—
has been granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971,
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,
a person who—
was residing in a country or territory outside Northern Ireland immediately before His Majesty’s Government—
provided public information to advise British nationals to leave that country or territory, or
arranged the evacuation of British nationals from that country or territory;
has left that country or territory and is present in Northern Ireland; and
has—
a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,
no requirement of leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,
leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or
leave on a discretionary basis outside of rules made under section 3(2) of that Act, or
a person who, as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules,
a qualified person for the purposes of regulation 6 of the EEA Regulations as a worker or a self-employed person,
a family member of a person referred to in sub-paragraph (a) F22...,
a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the EEA Regulations,
a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3)(d)(i), provided that the relevant person of Northern Ireland falls within paragraph (4)(a), 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 (cb), 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 person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971 M5 F25...
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a person who has humanitarian protection granted under those rules, or
a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 M6 and who is in the United Kingdom as a result of their deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.
A person who falls within paragraph (4)(zf) will be treated as a person in Northern Ireland in the circumstances specified in paragraph (1) for 6 months beginning on the day on which the public information is issued, or the evacuation is started.
In this regulation—
“EEA national” has the same meaning given in regulation 2(1) of the EEA Regulations,
“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the EEA Regulations, except that regulation 7(4) does not apply for the purposes of paragraphs (3A) and (4)(ca),
“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.
Annotations
Textual amendments
- F1
Words in reg. 9(1) inserted (19.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/136), regs. 1(1), 3(2)
- F2
Words in reg. 9(3)(a) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 77(3)(a)(i)
- F3
Word in reg. 9(3)(b)(ii) omitted (7.5.2019) by virtue of The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.R. 2019/89), regs. 1, 2(3)(a)
- F4
Words in reg. 9(3)(c) substituted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.R. 2019/89), regs. 1, 2(3)(b)(i)
- F5
Words in reg. 9(3)(c) substituted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.R. 2019/89), regs. 1, 2(3)(b)(ii)
- F6
Words in reg. 9(3)(c) substituted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.R. 2019/89), regs. 1, 2(3)(b)(iii)
- F7
Words in reg. 9(3)(c) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 77(3)(a)(ii)
- F8
Words in reg. 9(3)(c) inserted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.R. 2019/89), regs. 1, 2(3)(c)
- F9
Reg. 9(3)(d) inserted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.R. 2019/89), regs. 1, 2(3)(d)
- F10
Word in reg. 9(3)(d)(i) omitted (31.12.2020 immediately after IP completion day) by virtue of The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(d), 27(2)(a)
- F11
Reg. 9(3)(d)(iii) and word inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(d), 27(2)(b)
- F12
Reg. 9(3A) inserted (24.8.2020) by The Universal Credit (Persons of Northern Ireland - Family Members) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/130), regs. 1, 2(2)(a)
- F13
Reg. 9(4)(za) Inserted (25.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/269), regs. 1, 3(2)
- F14
Word in reg. 9(4)(zb) substituted (24.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/149), regs. 1, 3(2)
- F15
Reg. 9(4)(zc) inserted (24.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/149), regs. 1, 3(3)
- F16
Word in reg. 9(4)(zc)(i) omitted (18.10.2022) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/230), regs. 1, 2(1)(a)(2)(g)
- F17
Word in reg. 9(4)(zc)(ii) inserted (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/230), regs. 1, 2(1)(b)(2)(g)
- F18
Reg. 9(4)(zc)(iii) inserted (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/230), regs. 1, 2(1)(c)(2)(g)
- F19
Reg. 9(4)(zd) inserted (18.5.2023) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/80), regs. 1, 3
- F20
Reg. 9(4)(ze) inserted (28.10.2023) by The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/184), regs. 1(1), 2(3)
- F21
Reg. 9(4)(zf)(zg) inserted (19.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/136), regs. 1(1), 3(3)
- F22
Words in reg. 9(4)(b) omitted (24.8.2020) by virtue of The Universal Credit (Persons of Northern Ireland - Family Members) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/130), regs. 1, 2(2)(b)
- F23
Reg. 9(4)(ca) inserted (24.8.2020) by The Universal Credit (Persons of Northern Ireland - Family Members) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/130), regs. 1, 2(2)(c)
- F24
Reg. 9(4)(cb)(cc) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 77(3)(b)
- F25
Words in reg. 9(4)(e) omitted (24.3.2022) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/149), regs. 1, 3(4)
- F26
Reg. 9(4A) inserted (19.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/136), regs. 1(1), 3(4)
- F27
Reg. 9(5) added (24.8.2020) by The Universal Credit (Persons of Northern Ireland - Family Members) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/130), regs. 1, 2(2)(d)
Marginal citations
- M1
Regulation 14 was amended by Schedule 1 of S.I. 2012/1547 and S.I. 2013/3032.
- M2
Regulation 15A was inserted by regulation 9 of S.I. 2012/1547 and paragraph (4A) of that regulation was inserted by S.I. 2012/2560.
- M3
Cmnd. 9171.
- M4
Cmnd. 3906.
- M5
- M6
Modifications
- C1
Reg. 9 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(3), 4(4), 11(y)