Amendment of the Schedule25

1

The Schedule is amended as follows.

2

In Part 1 (interpretation)—

a

in paragraph 1 (interpretation: general)—

i

in sub-paragraph (1)53—

aa

omit “other than the United Kingdom” each time it occurs;

bb

in the definition of “overseas territories”, after “French Southern and Antarctic Territories;”, insert “Gibraltar;”;

ii

in sub-paragraph (2), after “an area”, insert “other than the United Kingdom or Gibraltar”;

b

in paragraph 2 (interpretation: ordinarily resident)—

i

in sub-paragraph (2)–

aa

for “the territory comprising the European Economic Area and Switzerland”, substitute “the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland”;

bb

for “the territory comprising the European Economic Area, Switzerland and the overseas territories”, substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories”;

cc

for “the territory comprising the European Economic Area, Switzerland, Turkey and the overseas territories”, substitute “the territory comprising the United Kingdom, the European Economic Area, Switzerland, Turkey and the overseas territories”;

ii

in sub-paragraph (5)54, after “the territory comprising”, insert “the United Kingdom, Gibraltar,” each time it occurs.

3

In Part 2 (qualifying persons)—

a

in the following paragraphs, after “the territory comprising”, insert “the United Kingdom,”—

i

paragraph 4(d) (persons who are settled in the United Kingdom);

ii

paragraph 7(1)(c) (workers, employed persons, self-employed persons and their family members);

iii

paragraph 8(b) (workers, employed persons, self-employed persons and their family members);

b

in paragraph 9 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

i

in sub-paragraph (1)(d), after “the territory comprising”, insert “the United Kingdom,”;

ii

in sub-paragraph (1)(e), after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

c

in paragraph 1055 (EU nationals)—

i

in sub-paragraph (1)(c), after “the territory comprising”, insert “the United Kingdom,”;

ii

for sub-paragraph (2), substitute—

2

Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

a

is—

i

a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or

ii

an EU national; and

b

has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

iii

after sub-paragraph (3), insert—

4

Any description of person who would have fallen within this paragraph immediately before exit day is to be treated as falling within this paragraph on and after exit day.

d

in paragraph 11 (EU nationals)—

i

in sub-paragraph (1)(a), omit “other than a United Kingdom national”;

ii

in sub-paragraph (1)(d), after “the territory comprising”, insert “the United Kingdom,”;

e

in paragraph 12 (children of Swiss nationals)—

i

sub-paragraphs (a), (b), (c) and (d) are renumbered as sub-paragraph (1)(a), (b), (c) and (d);

ii

in sub-paragraph (1)(c) as so renumbered, after “the territory comprising”, insert “the United Kingdom,”;

iii

in sub-paragraph (1)(d) as so renumbered, after “the territory comprising”, insert “the United Kingdom, Gibraltar,”;

iv

after sub-paragraph (1)(d) as so renumbered, insert—

2

Any description of person who would have fallen within this paragraph immediately before exit day is to be treated as falling within this paragraph on and after exit day.

f

in paragraph 13(1)(c) (children of Turkish workers), after “the territory comprising”, insert “the United Kingdom,”.