The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021

PART 8 AMENDMENTS TO THE EDUCATION (STUDENT SUPPORT) (POSTGRADUATE MASTER’S DEGREES) (WALES) REGULATIONS 2019

Amendments to the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019

176.  The Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019(1) are amended in accordance with this Part.

177.  In regulation 9 (eligible students), for paragraph (1) substitute—

“(1) A person is an eligible student in connection with a designated course that the person is undertaking if—

(a) the person falls within one of the categories set out—

(i) in paragraph 1, 2, 2A, 2B, 4, 6A, 7A, 8A, 8B, 8C, 8D, 9A or 10A of Schedule 2, or

(ii) in paragraph 6, 7, 8, 9 or 10 of Schedule 2 where paragraph (1A) applies, and

(b) none of the exceptions in regulation 10 apply to the person.

(1A) This paragraph applies where—

(a) in connection with a designated course beginning before 1 August 2021 the Welsh Ministers—

(i) in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraph 6, 7, 8, 9 or 10 of Schedule 2 in relation to an academic year of the course beginning before 1 August 2021, or

(ii) would have so determined had A made an application for support in accordance with these Regulations in relation to an academic year of the course beginning before that date, and

(b) A applies for support in connection with—

(i) that course, or

(ii) a designated course to which A’s status as an eligible student is transferred in accordance with these Regulations.”

178.  In regulation 10 (eligible students – exceptions) at the end insert—

“Exception 12

The designated course begins on or after 1 January 2028 and the only paragraph or paragraphs of Schedule 2 into which P falls is one or more of paragraphs 7A, 8B or 8D.”

179.  In regulation 11(1) (period of eligibility – general rule), after “regulation 12” insert “, 12A”.

180.  After regulation 12 (early termination of eligibility) insert—

“12A.   Where—

(a) the Welsh Ministers have determined that, by virtue of—

(i) falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights”, or

(ii) meeting the conditions in paragraph 1(2)(a)(iii) or (iv) of Schedule 2,

a person (“A”) is an eligible student in connection with an application for support for a designated course, and

(b) as at the day before the first day of the first academic year of that designated course, A is not a person with protected rights,

A’s status as an eligible student terminates immediately before the first day of the first academic year of that designated course.”

181.  In regulation 16 (students becoming eligible during a course)—

(a) in paragraph (1)(b)—

(i) omit paragraph (ii);

(ii) for paragraph (iii) substitute—

“(iii) the student becomes a family member described in paragraph 8A(1)(a), 8B(1)(a), 8C(a) or 8D(a) of Schedule 2;”;

(iii) omit paragraph (v);

(iv) in paragraph (vi), for “6(1)(a)” substitute “6A(1)(a)”;

(v) for paragraph (vii) substitute—

“(vii) the student becomes a person described in paragraph 9A(a) of Schedule 2;”;

(vi) in paragraph (viii), after “a person with section 67 leave to remain” insert “or a person granted leave to remain as a protected partner”;

(vii) after paragraph (viii) insert—

“(ix) the student becomes a person with Calais leave.”;

(b) in paragraph (2)—

(i) at the appropriate place insert—

““person granted leave to remain as a protected partner” (“person y rhoddwyd caniatâd iddo aros fel partner a ddiogelir”);”;

““person with Calais leave (“person sydd â chaniatâd Calais”);”;

(ii) omit ““child” (“plentyn”)”;

(iii) in the entry for “family member”, omit “(within the meaning given by paragraph 8(5) of Schedule 2)”;

(iv) omit ““right of permanent residence” (“hawl i breswylio’n barhaol”)”;

(v) omit ““Turkish worker” (“gweithiwr Twrcaidd”)”.

182.  In Schedule 1, in paragraph 3 (interpretation of other key terms)—

(a) in sub-paragraph (1), at the appropriate place insert—

““the 2020 Citizens’ Rights Regulations” (“Rheoliadau Hawliau Dinasyddion 2020”) means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;”;

““grace period” (“cyfnod gras”) has the meaning given by regulation 3 of the 2020 Citizens’ Rights Regulations;”;

““person with protected rights” (“person sydd â hawliau gwarchodedig”) means—

(a)

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

(i)

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

(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,

(iii)

is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations where the grace period has not ended, or

(iv)

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

(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;”;

““relevant period” (“cyfnod perthnasol”) has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;”;

““relevant person of Northern Ireland” (“person perthnasol o Ogledd Iwerddon”) has the meaning given by residence scheme immigration rules;”;

““residence scheme immigration rules” (“rheolau mewnfudo’r cynllun preswylio”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;”;

““Swiss citizens’ rights agreement” (“cytundeb ar hawliau dinasyddion Swisaidd”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020.”;

(b) after sub-paragraph (2) insert—

“(3) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a) Article 10 (personal scope) of the EU withdrawal agreement,

(b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), or

(c) Article 10 (personal scope) of the Swiss citizens’ rights agreement.”

183.  In Schedule 2, in paragraph 1 (persons settled in the United Kingdom)—

(a) for sub-paragraph (1)(a)(i) substitute—

“(i) is settled in the United Kingdom and does not fall within sub-paragraph (2), and”;

(b) for sub-paragraph (2)(a) substitute—

“(a) meets one of the following conditions—

(i) the person is within the personal scope of the citizens’ rights provisions and is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules,

(ii) the person—

(aa) is within the personal scope of the citizens’ rights provisions,

(bb) is an Irish citizen settled in the United Kingdom who, pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom, and

(cc) would meet the eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if that person were to make an application for such leave,

(iii) the person—

(aa) is within the personal scope of the citizens’ rights provisions,

(bb) is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations, and

(cc) has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the grace period,

(iv) the person—

(aa) is within the personal scope of the citizens’ rights provisions,

(bb) is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations, and

(cc) has, or is treated as having, a right of permanent residence for the purposes of the Immigration (European Economic Area) Regulations 2016, as those Regulations continue to have effect by virtue of the 2020 Citizens’ Rights Regulations in relation to that person during the relevant period, or

(v) the person is a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member is settled in the United Kingdom by virtue of the grant of indefinite leave to enter or remain under residence scheme immigration rules,”;

(c) after sub-paragraph (2) insert—

“(3) A person—

(a) who is settled in the United Kingdom on the first day of the first academic year of the course and does not fall within sub-paragraph (2),

(b) who is undertaking a designated course in Wales,

(c) who has been ordinarily resident in the United Kingdom, Islands and the Republic of Ireland throughout the three-year period preceding the first day of the first academic year of the course, and

(d) whose ordinary residence in the territory comprising the United Kingdom, Islands and the Republic of Ireland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education (unless the person is treated as being ordinarily resident in that territory in accordance with paragraph 11(2)).

(4) For the purposes of sub-paragraph (2)(a)(ii)(cc), “eligibility requirements for indefinite leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11 of Appendix EU to the immigration rules.”

184.  In Schedule 2, for paragraph 2A substitute—

“Category 2A - Protected persons and their family members

2A.— (1) A person—

(a) granted leave to enter or remain as a protected person,

(b) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave, and

(c) who is ordinarily resident in Wales on the first day of the first academic year of the course.

(2) A person who—

(a) is a protected spouse or civil partner,

(b) on the leave application date, was the spouse or civil partner of a person granted leave to enter or remain as a protected person (by virtue of humanitarian protection under paragraph 339C of the immigration rules or as a stateless person under the immigration rules),

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom, and

(d) is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) A person who—

(a) is a protected child,

(b) on the leave application date was—

(i) under 18 years old, and

(ii) was the child of a person granted leave to enter or remain as a protected person or, as the case may be, the child of a person who was the spouse or civil partner of the person granted leave to enter or remain as a protected person on that date (by virtue of humanitarian protection under paragraph 339C of the immigration rules, stateless leave under the immigration rules or section 67 of the Immigration Act 2016 and the immigration rules, as the case may be),

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom, and

(d) is ordinarily resident in Wales on the first day of the first academic year of the course.

(4) In this paragraph—

(a) “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that resulted in P becoming a person granted leave to enter or remain as a protected person;

(b) “person granted leave to enter or remain as a protected person” means—

(i) a person granted leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules,

(ii) a person granted stateless leave,

(iii) a person with section 67 leave to remain, or

(iv) a person with Calais leave;

(c) “person granted stateless leave” means a person who has extant leave to remain as a stateless person under the immigration rules;

(d) “person with Calais leave” means a person with extant leave to remain under paragraphs 352J, 352K, 352L or 352T of the immigration rules (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave);

(e) “person with section 67 leave to remain” means a person who has extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules;

(f) “protected child” means—

(i) a child of—

(aa) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules,

(ab) a person granted stateless leave, or

(ac) a person with section 67 leave to remain;

(ii) a child of the spouse or civil partner of—

(aa) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules, or

(ab) a person granted stateless leave;

(g) “protected spouse or civil partner” means a spouse or civil partner of—

(i) a person who has extant leave to enter or remain on the grounds of humanitarian protection under paragraph 339C of the immigration rules, or

(ii) a person granted stateless leave.”

185.  In Schedule 2, after paragraph 2A insert—

“Category 2B - Persons granted leave to remain as a protected partner and their children

2B.— (1) A person—

(a) granted leave to remain as a protected partner,

(b) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted such leave, and

(c) who is ordinarily resident in Wales on the first day of the first academic year of the course.

(2) A person who—

(a) is the child of a person granted leave to remain as a protected partner,

(b) on the leave application date was under 18 years old and was the child of a person granted leave to remain as a protected partner,

(c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being granted leave to remain in the United Kingdom, and

(d) is ordinarily resident in Wales on the first day of the first academic year of the course.

(3) In this paragraph—

(a) “leave application date” means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a person granted leave to remain as a protected partner;

(b) “person granted leave to remain as a protected partner” means a person granted leave to remain in the United Kingdom as either a victim of domestic violence or domestic abuse or as a bereaved partner under any of the following provisions of the immigration rules—

(i) paragraphs 289B and 289D (victims of domestic violence),

(ii) paragraphs D-DVILR.1.1. and D-DVILR.1.2. of Appendix FM (victims of domestic abuse),

(iii) paragraphs 40 and 41 of Appendix Armed Forces (victims of domestic violence who are partners of members of the armed forces),

(iv) paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved spouses or civil partners),

(v) paragraphs D-BPILR.1.1. and D-BPILR.1.2. of Appendix FM (bereaved partners),

(vi) paragraphs 36 and 37 of Appendix Armed Forces (bereaved partners), or

(vii) paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners).”

186.  In Schedule 2, omit paragraphs 3 (persons granted stateless leave and their family members) and 5 (persons with section 67 leave to remain).

187.  In Schedule 2, in paragraph 6 (category 6 – workers, employed persons, self-employed persons and their family members)—

(a) in the heading, at the end insert “— courses beginning before 1 August 2021”;

(b) in sub-paragraph (2)—

(i) in paragraph (b), at the end omit “and”;

(ii) in paragraph (c), for the words from “, as extended” to the end substitute “(“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day, and”;

(iii) after paragraph (c) insert—

“(d) for the purposes of paragraph (c), in Article 10 of the Workers Regulation the reference to “another Member State” is to be read as including the United Kingdom and the references to “that State” construed accordingly.”;

(c) in sub-paragraph (2A), in the English language text, for “implementation period”, in each place it occurs, substitute “IP”;

(d) in sub-paragraph (3)—

(i) in the opening words, after “In sub-paragraph (1)” insert “and sub-paragraph (1) of paragraph 6A”;

(ii) in the definition of “family member”, in paragraph (a), for “or an EEA self-employed person” substitute “, 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(4)”.

188.  In Schedule 2, after paragraph 6 insert—

“Category 6A - Workers, employed persons, self-employed persons and their family members with protected rights

6A.— (1) A person with protected rights or a frontier worker, within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, who—

(a) is one of the following—

(i) an EEA migrant worker or an EEA self-employed person, who is ordinarily resident in Wales on the first day of the first academic year of the course;

(ii) a Swiss employed person or a Swiss self-employed person, who is ordinarily resident in Wales on the first day of the first academic year of the course;

(iii) a family member of a person mentioned in sub-paragraph (i) or (ii), who is ordinarily resident in Wales on the first day of the first academic year of the course;

(iv) an EEA frontier worker or an EEA frontier self-employed person;

(v) a Swiss frontier employed person or a Swiss frontier self-employed person;

(vi) a family member of a person mentioned in sub-paragraph (iv) or (v), and

(b) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.

(2) A person with protected rights who—

(a) is ordinarily resident in Wales on the first day of the first academic year of the course,

(b) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and

(c) is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day as extended by the EEA Agreement as it had effect immediately before IP completion day.

(3) For the purposes of sub-paragraph (2)(c), in Article 10 of the Workers Regulation—

(a) the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland, and

(b) the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly.

(4) In this paragraph, a description of a person in sub-paragraph (1)(a)(i) is to be read as if it includes a relevant person of Northern Ireland who would, if that person were an EEA national or solely an EEA national, be an EEA migrant worker or an EEA self-employed person.”

189.  In Schedule 2, in paragraph 7 (category 7 – persons who are settled in the United Kingdom and have exercised a right of residence elsewhere)—

(a) in the heading, at the end insert “— courses beginning before 1 August 2021”;

(b) in sub-paragraph (1)(b), in the English language text, for “implementation period” substitute “IP”;

(c) omit sub-paragraph (5).

190.  In Schedule 2, after paragraph 7 insert—

“Category 7A - Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

7A.— (1) A person who—

(a) is settled in the United Kingdom,

(b) was ordinarily resident in Wales and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence before IP completion day,

(c) was ordinarily resident immediately before IP completion day—

(i) in the territory comprising Gibraltar, the EEA and Switzerland, or

(ii) in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising Gibraltar, the EEA and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the academic year of the course,

(d) is ordinarily resident in the United Kingdom on the day on which the course begins,

(e) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and

(f) in a case where the person’s ordinary residence referred to in paragraph (e) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland immediately before the period of ordinary residence referred to in paragraph (e).

(2) For the purposes of this paragraph, a person has exercised a right of residence if sub-paragraph (3) or (4) applies to the person.

(3) This sub-paragraph applies to a person who is—

(a) a United Kingdom national,

(b) a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement), or

(c) a person who had the right of permanent residence, who has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom.

(4) This sub-paragraph applies to a person (“P”)—

(a) who is settled in the United Kingdom and had the right of permanent residence, and

(b) who has gone to the state within the territory comprising the EEA and Switzerland of which P is a national or of which the person in relation to whom P is a family member is a national.

(5) For the purposes of this sub-paragraph, a person has the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.”

191.  In Schedule 2, in paragraph 8 (category 8 – EU nationals)—

(a) in the heading, at the end insert “— courses beginning before 1 August 2021”;

(b) in sub-paragraph (1A), in the English language text, for “implementation period”, in each place it occurs, substitute “IP”;

(c) omit sub-paragraph (5).

192.  In Schedule 2, after paragraph 8 insert—

“Category 8A - EU nationals etc. with protected rights

8A.— (1) A person with protected rights—

(a) who is—

(i) an EU national on the first day of the first academic year of the course,

(ii) a family member of a person mentioned in sub-paragraph (i), or

(iii) a family member of a relevant person of Northern Ireland,

(b) who is undertaking a designated course in Wales,

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and

(d) whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, EEA and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education (unless the person is treated as being ordinarily resident in that territory in accordance with paragraph 11(2)).

(2) A person with protected rights who—

(a) is an EU national on the first day of the first academic year of the course,

(b) is ordinarily resident in Wales on the first day of the first academic year of the course,

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course, and

(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

Category 8B - United Kingdom nationals

8B.— (1) A person—

(a) who is—

(i) a United Kingdom national on the first day of the first academic year of the course, or

(ii) a family member of a person mentioned in sub-paragraph (i),

(b) who was ordinarily resident immediately before IP completion day—

(i) in the territory comprising the EEA and Switzerland, or

(ii) in the United Kingdom, where that ordinary residence began after 31 December 2017 immediately following a period of ordinary residence in the territory comprising the EEA and Switzerland,

and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the first academic year of the course,

(c) who is undertaking a designated course in Wales,

(d) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and

(e) whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education (unless the person is treated as being ordinarily resident in that territory in accordance with paragraph 11(2)).

(2) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).

Category 8C – Family members of United Kingdom nationals

8C.   A person—

(a) who is a family member of a person who is a United Kingdom national on the first day of the first academic year of the course,

(b) who is undertaking a designated course in Wales,

(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course, and

(d) whose ordinary residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (c) been wholly or mainly for the purpose of receiving full-time education (unless the person is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 11(2)).

Category 8D - Persons resident in Gibraltar

8D.   A person—

(a) who is—

(i) a United Kingdom national who has resident status in Gibraltar granted by the Government of Gibraltar,

(ii) a family member of a United Kingdom national where that family member has resident status in Gibraltar granted by the Government of Gibraltar,

(iii) an EU national who has a right of residence in Gibraltar arising under the EU withdrawal agreement, or

(iv) a family member of an EU national, where that family member has a right of residence in Gibraltar arising under the EU withdrawal agreement,

(b) who is undertaking a designated course in Wales,

(c) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and

(d) whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland has not during any part of the period referred to in sub-paragraph (c) been wholly or mainly for the purpose of receiving full-time education (unless the person is treated as being ordinarily resident in that territory in accordance with paragraph 11(2)).”

193.  In Schedule 2, in paragraph 9 (category 9 – children of Swiss nationals)—

(a) in the heading, at the end insert “— courses beginning before 1 August 2021”;

(b) in sub-paragraph (2), in the English language text, for “implementation period”, in each place it occurs, substitute “IP”.

194.  In Schedule 2, after paragraph 9 insert—

“Category 9A - Children of Swiss nationals within scope of the Swiss citizens’ rights agreement

9A.   A person with protected rights who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 18(2) of the Swiss citizens’ rights agreement,

(b) is ordinarily resident in Wales on the first day of the first academic year of the course,

(c) has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland throughout the three-year period preceding the first day of the first academic year of the course, and

(d) in a case where the person’s ordinary residence referred to in sub-paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA and Switzerland immediately prior to the period of ordinary residence referred to in sub-paragraph (c).”

195.  In Schedule 2, in paragraph 10 (children of Turkish workers), in the heading, at the end insert “— courses beginning before 1 August 2021”.

196.  In Schedule 2, after paragraph 10 insert—

“Category 10A - Children of Turkish workers

10A.— (1) A person who—

(a) is the child of a Turkish worker (“T”) where T was ordinarily resident in the United Kingdom immediately before IP completion day,

(b) immediately before IP completion day—

(i) was the child of T, and

(ii) was ordinarily resident in the United Kingdom,

(c) is ordinarily resident in Wales on the first day of the first academic year of the course, and

(d) had been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the EEA, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

(2) In this paragraph, “Turkish worker” means a Turkish national who—

(a) is ordinarily resident in the United Kingdom and Islands, and

(b) is, or has been, lawfully employed in the United Kingdom.”

197.  In Schedule 2, in paragraph 11 (ordinary residence – additional provision)—

(a) in sub-paragraph (2), after “Islands”, in each place it occurs, insert “, the territory comprising the United Kingdom, Islands and the Republic of Ireland”;

(b) in sub-paragraph (3)—

(i) after “Islands” insert “, the territory comprising the United Kingdom, Islands and the Republic of Ireland”;

(ii) after paragraph (a) insert—

“(aa) in the case of members of the regular armed forces of the Republic of Ireland, any period which they serve outside the territory comprising the United Kingdom, Islands and the Republic of Ireland as members of such forces;”.

198.  In Schedule 2, in paragraph 13 (interpretation)—

(a) the existing text becomes sub-paragraph (1);

(b) in that sub-paragraph—

(i) omit the definitions of “EEA EFTA separation agreement”, “residence scheme immigration rules”, “right of permanent residence” and “Swiss citizens’ rights agreement”;

(ii) at the appropriate place insert—

““family member” (“aelod o deulu”) means (unless otherwise indicated) in relation to a person (“P”)—

(a)

P’s spouse or civil partner,

(b)

direct descendants of P or of P’s spouse or civil partner who are—

(i)

under the age of 21, or

(ii)

dependants of P or of P’s spouse or civil partner, or

(c)

in a case where P is—

(i)

an EU national who falls within Article 7(1)(b) of Directive 2004/38, or

(ii)

for the purposes of paragraph 8A, 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,

dependent direct relatives in P’s ascending line or the ascending line of P’s spouse or civil partner;”;

““United Kingdom national” (“gwladolyn o’r Deyrnas Unedig”) has the meaning given by Article 2(d) of the EU withdrawal agreement.”;

(c) after that sub-paragraph insert—

“(2) 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.”

199.  In Schedule 4 (index of defined terms), in Table 3—

(a) for the entry in the second column corresponding to—

(i) “family member” substitute “Schedule 2, paragraph 13”;

(ii) “person granted stateless leave” substitute “Schedule 2, paragraph 2A”;

(iii) “person with section 67 leave to remain” substitute “Schedule 2, paragraph 2A”;

(b) omit the following entries—

(i) “leave application date” (for the purpose of determining if a person is the family member of a person granted stateless leave);

(ii) “leave application date” (for the purpose of determining if a person is the child of a person with section 67 leave to remain);

(iii) “right of permanent residence”;

(c) at the appropriate place insert—

““2020 Citizens’ Rights Regulations”	Schedule 1, paragraph 3(1)
“family member” (for the purposes of paragraphs 6(1) and 6A(1) of Schedule 2)	Schedule 2, paragraph 6(3)
“grace period”	Schedule 1, paragraph 3(1)
“leave application date” (for the purpose of determining if a person is a child of a protected partner)	Schedule 2, paragraph 2B
“leave application date” (for the purpose of determining if a person is a protected spouse or civil partner or protected child)	Schedule 2, paragraph 2A
“person granted leave to enter or remain as a protected person”	Schedule 2, paragraph 2A
“person granted leave to remain as a protected partner”	Schedule 2, paragraph 2B
“person with Calais leave”	Schedule 2, paragraph 2A
“person with protected rights”	Schedule 1, paragraph 3(1)
“protected child”	Schedule 2, paragraph 2A
“protected spouse or civil partner”	Schedule 2, paragraph 2A
“relevant period”	Schedule 1, paragraph 3(1)
“relevant person of Northern Ireland”	Schedule 1, paragraph 3(1)
“residence scheme immigration rules”	Schedule 1, paragraph 3(1)
“Swiss citizens’ rights agreement”	Schedule 1, paragraph 3(1)
“United Kingdom national”	Schedule 2, paragraph 13”

(1)

S.I. 2019/895 (W. 161), amended by S.I. 2019/1094; S.I. 2019/1192 (W. 209); S.I. 2020/142 (W. 25); S.I. 2020/153 (W. 27); S.I. 2020/918 (W. 206); S.I. 2020/1302 (W. 287); S.I. 2021/9 (W. 4) and S.I. 2021/73 (W. 19).