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Version Superseded: 27/02/2018
Point in time view as at 22/04/2011.
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1. For the purposes of this Schedule—E+W+S
“Directive 2004/38” means Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 M1 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
“[F1European Union] national” means a national of a Member State of the [F1European Union];
“EEA frontier self-employed person” means an EEA national who—
is a self-employed person in the United Kingdom; 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 daily or at least once a week;
“EEA frontier worker” means an EEA national who—
is a worker in the United Kingdom; 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 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;
“EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;
“employed person” means an employed person with the meaning of Annex 1 to the Swiss Agreement;
“family member” means—
in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person—
his spouse or civil partner;
[F2direct descendants of the person or of the person’s spouse or civil partner who are—
under the age of 21; or
dependents of the person or the person’s 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 employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—
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 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, for the purposes of paragraph 9—
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;
[F3“person granted humanitarian protection” means a person—
who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971;
whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002); and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;]
F4...
“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 M2 as extended by the Protocol thereto which entered into force on 4th October 1967 M3;
“right of permanent residence” means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;
“self-employed person” means—
in relation to an EEA national, a person who is self-employed within the meaning of article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or
in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;
“settled” has the meaning given by section 33(2A) of the Immigration Act 1971 M4;
“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 1999 M5 and which came into force on 1st June 2002;
“Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;
“Swiss frontier employed person” means a Swiss national who—
is an employed person in the United Kingdom; and
resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State daily or at least once a week;
“Swiss frontier self-employed person” means a Swiss national who—
is a self-employed person in the United Kingdom; and
resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State daily or at least once a week;
“Swiss self-employed person” means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;
“Turkish worker” means a Turkish national who—
is ordinarily resident in the United Kingdom; and
is, or has been lawfully employed in the United Kingdom.
“worker” means a worker within the meaning of article 7 of Directive 2004/38 or the EEA Agreement as the case may be.
Textual Amendments
F1Words in Sch. 1 para. 1 substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 4 (with art. 3(3))
F2Words in Sch. 1 para. 1 substituted (9.2.2011) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2011 (S.I. 2011/87), regs. 1(2), 7(a)(i) (with reg. 13(1))
F3Words in Sch. 1 para. 1 inserted (9.2.2011) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2011 (S.I. 2011/87), regs. 1(2), 7(a)(ii) (with reg. 13(1))
F4Words in Sch. 1 para. 1 omitted (9.2.2011) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2011 (S.I. 2011/87), regs. 1(2), 7(a)(iii) (with reg. 13(1))
Marginal Citations
M1OJ L158, 30.4.2004, p77-123
M2Cmnd. 9171.
M3Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Education and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).
M41971 c.77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c.61).
M5Cm. 4904.
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