1.—(1) For the purposes of this Schedule—
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(1) as adjusted by the Protocol signed at Brussels on 17th March 1993(2);
“EEA frontier worker” means an EEA national who—
is a worker in Northern Ireland; and
resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, 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 other than the United Kingdom;
“European Economic Area” means the area comprised by the EEA States;
“family member” unless otherwise indicated, means—
in relation to an EEA frontier worker or an EEA migrant worker—
his spouse or civil partner;
his child or the child of his spouse or civil partner; or
dependent direct relatives in his ascending line or that of his spouse or civil partner;
in relation to a Swiss worker—
his spouse or civil partner; or
his child or the child of his spouse or civil partner;
in relation to an EC national who falls within Article 7(1)(c) of Directive 2004/38—
his spouse or civil partner; or
direct descendants of his or of his spouse or civil partner who are—
under the age of 21; or
dependants of his or his spouse or civil partner;
in relation to an EC national who falls within the meaning of Article 7(1)(b) of Directive 2004/38—
his spouse or civil partner;
direct descendants of his or of his spouse or civil partner who are—
under the age of 21; or
dependants of his or his spouse or civil partner; or
dependent direct relatives in his ascending line or that of his spouse or civil partner;
in relation to a United Kingdom national—
his spouse or civil partner; or
direct descendants of his or his spouse or civil partner who are—
under the age of 21; or
dependants of his or his spouse or civil partner;
“person with leave to enter or remain” means a person—
who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom;
who has been granted leave to enter or remain accordingly;
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 those whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(3); and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since he 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 28th July 1951(4) as extended by the Protocol thereto which entered into force on 4th October 1967(5);
“settled” has the meaning given by section 33(2A) of the Immigration Act 1971(6);
“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 21st June 1994(7) and which came into force on 1st June 2002;
“Turkish worker” means a Turkish national who—
is ordinarily resident in the United Kingdom and Islands; and
is, or has been, lawfully employed in the United Kingdom; and
“worker” means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement as the case may be.
(2) For the purposes of this Schedule, “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” is to be construed accordingly.
(3) For the purposes of this Schedule, a person is to be treated as ordinarily resident in Northern Ireland, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—
(a)he;
(b)his spouse or civil partner;
(c)his parent;
(d)in the case of a dependent direct relative in the ascending line, his child or child’s spouse or civil partner,
is or was temporarily employed outside the area in question.
(4) For the purposes of sub-paragraph (3), temporary employment outside of Northern Ireland, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—
(a)in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;
(b)in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and
(c)in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.
Cm. 2073
Cm. 2183
2002 c. 41 Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19, Schedules 2 and 4) and the Immigration, Asylum and Nationality Act 2006 (c. 13) section 9
Cmnd. 9171
Cmnd. 3906
1971 c. 77; Section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61)
Cm. 4904