25. In regulation 2(1) (interpretation)—
(a)omit the definition of “grace period”;
(b)re-position the definition of “person with protected rights” in the appropriate place after the definition of “person with leave to enter or remain on the grounds of discretionary leave”;
(c)in the newly positioned definition of “person with protected rights”(1)—
(i)re-number the existing text after “means—” as paragraph (1) of the definition;
(ii)in that paragraph as so numbered, omit sub-paragraph (a)(iii);
(iii)after sub-paragraph (a)(iv), insert—
“(v)otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or”;
(iv)after that paragraph as so numbered, insert—
“(2) In paragraph (1)(a)(v), “citizens’ rights deeming provisions” means—
(a)Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
(b)Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020(2)); or
(c)Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”.
26. In regulation 5 (eligible students)—
(a)omit paragraph (12B)(3);
(b)in paragraph (12C)(a)(i)(4), for “paragraph (a)(iv)” substitute “paragraph (1)(a)(iv) or (v)”.
27. In regulation 105 (eligible distance learning students)—
(a)omit paragraph (12B)(5);
(b)in paragraph (12C)(a)(i)(6), for “paragraph (a)(iv)” substitute “paragraph (1)(a)(iv) or (v)”.
28. In regulation 122 (eligible part-time students)—
(a)omit paragraph (11B)(7);
(b)in paragraph (11C)(a)(i)(8), for “paragraph (a)(iv)” substitute “paragraph (1)(a)(iv) or (v)”.
29. In regulation 139 (eligible postgraduate students)—
(a)omit paragraph (13B)(9);
(b)in paragraph (13C)(a)(i)(10), for “paragraph (a)(iv)” substitute “paragraph (1)(a)(iv) or (v)”.
30. In regulation 149 (eligible master’s etc. students)—
(a)omit paragraph (12B)(11);
(b)in paragraph (12C)(a)(i)(12), for “paragraph (a)(iv)” substitute “paragraph (1)(a)(iv) or (v)”.
31. In Part 2 of Schedule 2—
(a)in paragraph 3(1)(a)(13)—
(i)omit sub-paragraph (iii);
(ii)in sub-paragraph (iv)(bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)”;
(iii)in sub-paragraph (iv)(cc), after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3)”;
(b)after paragraph 3(2) insert—
“(3) For the purposes of sub-paragraph (1)(a)(iv), the citizens’ rights provisions referred to are—
(a)Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;
(b)Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
(c)Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”;
(c)in paragraph 9C—
(i)insert “(1)” before “A person”;
(ii)in the newly numbered sub-paragraph (1)(14), move the terminal “and” after sub-paragraph (c) to after sub-paragraph (d), and after that sub-paragraph insert—
“(e)who did not move to Northern Ireland from the Islands for the purpose of undertaking the current course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course.”.
32. In the Schedule—
(a)in paragraph 1(1), in the definition of “person with protected rights”—
(i)re-number the existing text after “means—” as paragraph (1) of that definition;
(ii)in that paragraph as so re-numbered, omit the terminal “or” after sub-paragraph (a)(ii), and after sub-paragraph (a)(iii), insert—
“(iv)otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or”;
(iii)after that paragraph as so numbered, insert—
“(2) In paragraph (1)(iv) “citizens’ rights deeming provisions” means—
(a)Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;
(b)Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
(c)Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”.
(b)in sub-paragraph 3(1)(a)(iii)—
(i)in division (bb), after “Regulations” insert “or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3)”,
(ii)in division (cc) after “relevant period” insert “or otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in sub-paragraph (3)”,
(iii)after sub-paragraph (2) insert—
“(3) For the purposes of sub-paragraph (1)(a)(iii), the citizens’ rights provisions referred to are—
(a)Article 18(3) (issuance of residence documents) of the EU withdrawal agreement;
(b)Article 17(3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or
(c)Article 16(3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”.
Definition inserted by S.R. 2021 No. 85.
Paragraph (12B) was inserted by S.R. 2021 No.85.
Paragraph (12C) was inserted by S.R. 2021 No.85.
Paragraph (12B) was inserted by S.R. 2021 No.85.
Paragraph (12C) was inserted by S.R. 2021 No.85.
Paragraph (11B) was inserted by S.R. 2021 No.85.
Paragraph (11C) was inserted by S.R. 2021 No.85.
Paragraph (13B) was inserted by S.R. 2021 No.85.
Paragraph (13C) was inserted by S.R. 2021 No.85.
Paragraph (12B) was inserted by S.R. 2021 No.85.
Paragraph (12C) was inserted by S.R. 2021 No.85.
Paragraph 3 was amended by S.R. 2021 No.85.
Paragraph 9C was inserted by S.R. 2021 No. 85.