2. The Education (Student Support) Regulations 2011(1) are amended as follows.
3.—(1) Regulation 2 (interpretation) is amended as follows.
(2) In paragraph (1)—
(a)after the definition of “the 2009 Regulations”, insert—
“the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020(2);”;
(b)in the definition of “Erasmus year”(3)—
(i)in the opening words, for “and”, the first time it occurs, substitute “or in the scheme established by the Secretary of State for Education known as the Turing scheme,”;
(ii)omit paragraph (a);
(iii)in paragraph (b), omit “began on or after 1st September 2012 and”;
(iv)in paragraph (c), omit “began on or after 1st September 2012 and”;
(c)after the definition of “full-time equivalent”, insert—
““grace period” has the meaning given by regulation 3 of the 2020 Citizens’ Rights Regulations;”;
(d)after the definition of “person granted stateless leave”(4), insert—
““person with protected rights” means—
a person within the personal scope of the citizens’ rights provisions who—
has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;
is an Irish citizen who, pursuant to section 3ZA of the Immigration Act 1971(5), does not require leave to enter or remain in the United Kingdom;
is a relevant person for the purposes of regulation 3 of the 2020 Citizens’ Rights Regulations where the grace period has not ended; or
is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or
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;”;
(e)after the definition of “regulated institution”(6), insert—
““relevant period”, unless otherwise indicated, has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;
“relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;
“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020(7);”;
(f)after the definition of “support”, insert—
““Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;”.
(3) After paragraph (1), insert—
“(1A) 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.”.
4. In regulation 4 (eligible students)—
(a)for paragraph (2) substitute—
“(2) Subject to the following provisions of this regulation, a person is an eligible student in connection with a designated course if in assessing that person’s application for support the Secretary of State determines that the person falls within one of the categories set out—
(a)in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 10ZA, 11A, 12A and 13 in Part 2 of Schedule 1; or
(b)in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies.
(2A) This paragraph applies where—
(a)in connection with a designated course beginning before 1st August 2021, the Secretary of State—
(i)in assessing an application for support by a person (“A”), determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or
(ii)would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and
(b)A applies for support in connection with that course or a designated course to which A’s status as an eligible student is transferred from that course in accordance with this Part.
(2B) In connection with a designated course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 8A, 9B and 9D.”;
(b)after paragraph (13), insert—
“(13A) Where—
(a)the Secretary of State determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible student in connection with—
(i)an application for support for an earlier year of the current course; or
(ii)an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(13B) Where—
(a)the Secretary of State has 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 3(1)(a)(iii) or (iv) in Part 2 of Schedule 1,
a person (“A”) is an eligible student in connection with an application for support for an academic year of a designated course; and
(b)as at the day before the academic year begins, A is not a person with protected rights,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.
5. In regulation 7(8) (transfer of status), after paragraph (1), insert—
“(1A) Paragraph (1) applies to a person who is an eligible student by virtue of regulation 4(2)(b) only where that person’s status as an eligible student has not been transferred on or after 1st August 2021 from the designated course referred to in regulation 4(2A)(a) to another designated course.”.
6. In regulation 17(9) (events)—
(a)omit paragraph (c);
(b)for paragraph (d) substitute—
“(d)the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 1;”;
(c)for paragraph (f) substitute—
“(f)where regulation 4(2A)(a) applies, the person becomes a person described in paragraph 12(a) of Schedule 1;”;
(d)in paragraph (g), after “described in”, insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in”;
(e)for paragraph (h) substitute—
“(h)the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1;”;
(f)omit the “or” at the end of paragraph (k);
(g)at the end of paragraph (l), insert “; or”;
(h)after paragraph (l), insert—
“(m)the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1”.
7. In regulation 38(10) (general qualifying conditions for grants for living and other costs)—
(a)in paragraph (3), for the words from “in Part 2” to the end substitute “or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C, 9D, 10 and 10ZA”;
(b)in paragraph (8)—
(i)omit “Subject to paragraph 9,”;
(ii)omit “(c),”;
(iii)for “or (l)” substitute “, (l) or (m)”;
(c)omit paragraph (9).
8. In regulation 40(11) (qualifying conditions for the disabled students’ allowance), omit paragraph (4).
9. In regulation 41(8)(12) (amount of the disabled students’ allowance)—
(a)omit “Subject to regulation 40(4),”;
(b)omit “(c),”;
(c)for “or (l)” substitute “, (l) or (m)”.
10. In regulation 45(13) (childcare grant)—
(a)in paragraph (11)—
(i)omit “Subject to paragraph (12),”;
(ii)omit “(c),”;
(iii)for “or (l)” substitute “, (l) or (m)”;
(b)omit paragraph (12).
11. In regulation 49A(14)—
(a)in paragraph (2)—
(i)omit “Subject to paragraph (3),”;
(ii)omit “(c),”;
(iii)for “or (l)” substitute “, (l) or (m)”;
(b)omit paragraph (3).
12. In regulation 56(15) (qualifying conditions for the maintenance grant)—
(a)in paragraph (6)—
(i)omit “Subject to paragraph (7),”;
(ii)omit “(c),”;
(b)omit paragraph (7).
13. In regulation 61(16) (qualifying conditions for the special support grant)—
(a)in paragraph (6)—
(i)omit “Subject to paragraph (7),”;
(ii)omit “(c),”;
(b)omit paragraph (7).
14. In regulation 69(3)(17) (qualifying conditions for the loan for living costs – current system students), for sub-paragraph (a) substitute—
“(a)the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C, 9D, 10 and 10ZA;”.
15. In regulation 85(2)(18) (students becoming eligible in the course of an academic year)—
(a)omit sub-paragraph (c);
(b)for sub-paragraph (e) substitute—
“(e)where regulation 4(2A)(a) applies, the person becomes a person described in paragraph 12(a) of Schedule 1;”;
(c)in sub-paragraph (f), after “described in”, insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in”;
(d)for sub-paragraph (g) substitute—
“(g)the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 4(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1;”;
(e)omit the “or” at the end of sub-paragraph (j);
(f)at the end of sub-paragraph (k), insert “; or”;
(g)after sub-paragraph (k), insert—
“(l)the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1”.
16. In regulation 137 (eligible part-time students)—
(a)for paragraph (2) substitute—
“(2) Subject to the following provisions of this regulation, a person is an eligible part-time student in connection with a designated part-time course if in assessing that person’s application for support the Secretary of State determines that the person falls within one of the categories set out—
(a)in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 10ZA, 11A, 12A and 13 in Part 2 of Schedule 1; or
(b)in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies.
(2A) This paragraph applies where—
(a)in connection with a designated part-time course beginning before 1st August 2021, the Secretary of State—
(i)in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or
(ii)would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and
(b)A applies for support in connection with that course or a designated part-time course to which A’s status as an eligible part-time student is transferred from that course in accordance with this Part.
(2B) In connection with a designated part-time course beginning on or after 1st January 2028, paragraph (2) has effect as if it did not mention paragraphs 8A, 9B and 9D.”;
(b)after paragraph 11, insert—
“(11A) Where—
(a)the Secretary of State determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible part-time student in connection with—
(i)an application for support for an earlier year of the current part-time course; or
(ii)an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current part-time course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules,
A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(11B) Where—
(a)the Secretary of State has 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 3(1)(a)(iii) or (iv) in Part 2 of Schedule 1,
a person (“A”) is an eligible part-time student in connection with an application for support for an academic year of a designated part-time course; and
(b)as at the day before the academic year begins, A is not a person with protected rights,
A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.
17. In regulation 138(19) (students becoming eligible for support under Part 11A during the course of the academic year), in paragraph (4)—
(a)omit sub-paragraph (c);
(b)for sub-paragraph (d) substitute—
“(d)the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 1;”;
(c)omit sub-paragraph (e);
(d)for sub-paragraph (g) substitute—
“(g)where regulation 137(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;”;
(e)in sub-paragraph (h), after “described in”, insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 137(2A)(a) applies, in”;
(f)for sub-paragraph (i) substitute—
“(i)the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 137(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1;”;
(g)omit the “or” at the end of sub-paragraph (l);
(h)at the end of sub-paragraph (m), insert “; or”;
(i)after sub-paragraph (m), insert—
“(n)the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1”.
18. In regulation 138A(2)(20) (students becoming eligible for support under Part 11B in the course of the academic year)—
(a)omit sub-paragraph (c);
(b)for sub-paragraph (e) substitute—
“(e)where regulation 137(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;”;
(c)in sub-paragraph (f), after “described in”, insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 137(2A)(a) applies, in”;
(d)for sub-paragraph (g) substitute—
“(g)the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 137(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1;”;
(e)omit the “or” at the end of sub-paragraph (j);
(f)at the end of sub-paragraph (k), insert “; or”;
(g)after sub-paragraph (k), insert—
“(l)the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1”.
19. In regulation 139A(21) (transfer of status), after paragraph (1), insert—
“(1A) Paragraph (1) applies to a person who is an eligible part-time student by virtue of regulation 137(2)(b) only where that person’s status as an eligible part-time student has not been transferred on or after 1st August 2021 from the designated part-time course referred to in regulation 137(2A)(a) to another designated part-time course.”.
20. In regulation 147(22) (disabled part-time students’ allowance)—
(a)for paragraph (2)(a) substitute—
“(a)if the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C, 9D, 10 and 10ZA”;
(b)in paragraph (8)—
(i)omit “(e),”;
(ii)for “or (m)” substitute “, (m) or (n)”.
21. In regulation 157B(2)(23) (qualifying conditions for the loan for living costs), for sub-paragraph (a) substitute—
“(a)the only paragraph or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C, 9D, 10 and 10ZA”.
22. In regulation 159(24) (eligible postgraduate students)—
(a)in paragraph (2), for “paragraph (4)” substitute “the following provisions of this regulation”;
(b)for paragraph (3) substitute—
“(3) The conditions are—
(a)the person falls within one of the categories set out—
(i)in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 10ZA, 11A, 12A and 13 in Part 2 of Schedule 1; or
(ii)in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1, where paragraph (3A) applies; and
(b)the person has a disability.
(3A) This paragraph applies where—
(a)in connection with a designated postgraduate course beginning before 1st August 2021, the Secretary of State—
(i)in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; or
(ii)would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and
(b)A applies for support in connection with that course, or a designated postgraduate course to which A’s status as an eligible postgraduate student is transferred from that course in accordance with this Part.
(3B) In connection with a designated postgraduate course beginning on or after 1st January 2028, paragraph (3)(a) has effect as if it did not mention paragraphs 8A, 9B and 9D.”;
(c)in paragraph (8), for the words from “in Part 2” to the end substitute “or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C and 9D”;
(d)after paragraph (16), insert—
“(16A) Where—
(a)the Secretary of State determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible postgraduate student in connection with—
(i)an application for support for an earlier year of the current postgraduate course; or
(ii)an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules,
A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(16B) Where—
(a)the Secretary of State has 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 3(1)(a)(iii) or (iv) in Part 2 of Schedule 1,
a person (“A”) is an eligible postgraduate student in connection with an application for support for an academic year of a designated postgraduate course; and
(c)as at the day before the academic year begins A is not a person with protected rights,
A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.
23. In regulation 160(2)(25) (students becoming eligible in the course of an academic year)—
(a)omit sub-paragraph (c);
(b)for sub-paragraph (e) substitute—
“(e)where regulation 159(3A)(a) applies, the person becomes a person described in paragraph 12(a) of Schedule 1;”;
(c)in sub-paragraph (f), after “described in”, insert “paragraph 6A(1)(a) of Schedule 1 or, where regulation 159(3A)(a) applies, in”;
(d)for sub-paragraph (g) substitute—
“(g)the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 159(3A)(a) applies, in paragraph 11(1)(a) of Schedule 1;”
(e)omit the “or” at the end of sub-paragraph (j);
(f)at the end of sub-paragraph (k), insert “; or”;
(g)after sub-paragraph (k), insert—
“(l)the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1”.
24. In regulation 163 (transfer of status), after paragraph (1), insert—
“(1A) Paragraph (1) applies to a person who is an eligible postgraduate student by virtue of regulation 159(3)(a)(ii) only where that person’s status as an eligible postgraduate student has not been transferred on or after 1st August 2021 from the designated postgraduate course referred to in regulation 159(3A)(a) to another designated postgraduate course.”.
25.—(1) Schedule 1 (eligible students) is amended as follows.
(2) In paragraph 1(26) (interpretation)—
(a)in sub-paragraph (1)—
(i)omit the definitions of “EEA EFTA separation agreement”, “residence scheme immigration rules”, “right of permanent residence” and “Swiss citizens’ rights agreement”;
(ii)in the definition of “family member”—
(aa)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(3)”;
(bb)in paragraph (c), after “Directive 2004/38”, insert “or, for the purposes of paragraph 9A, in relation to a relevant person of Northern Ireland who would fall within article 7(1)(c) of Directive 2004/38 if that person were an EU national or solely an EU national”;
(cc)in paragraph (d), after “Directive 2004/38”, insert “or, for the purposes of paragraph 9A, in relation to 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”;
(dd)in paragraph (e), for “paragraph 9” substitute “paragraphs 9, 9B, 9C and 9D”;
(iii)after the definition of “Swiss self-employed person”, insert—
““United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement;”;
(b)after sub-paragraph (1), insert—
“(1A) 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.”;
(c)in sub-paragraph (4), after “Islands”, insert “, the territory comprising the United Kingdom, the Islands and the Republic of Ireland”;
(d)in sub-paragraph (5)—
(i)after “Islands”, insert “, the territory comprising the United Kingdom, the Islands and the Republic of Ireland”;
(ii)after paragraph (a)—
(aa)omit “and”;
(bb)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, the Islands and the Republic of Ireland as members of such forces;”.
(3) In paragraph 2(1)(a)(27) (persons settled in the United Kingdom), for sub-paragraph (i) substitute—
“(i)is settled in the United Kingdom and does not fall within paragraph 3;”.
(4) After paragraph 2, insert—
“2A.—(1) 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 paragraph 3;
(b)who is —
(i)attending or undertaking a designated course in England; or
(ii)undertaking an intensive course, designated part-time course or a designated postgraduate course in England;
(c)who has been ordinarily resident in the territory comprising the United Kingdom, the 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)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, the 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.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the Republic of Ireland in accordance with paragraph 1(4).”.
(5) In paragraph 3(28)—
(a)for sub-paragraph (1)(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(29), 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;”;
(b)after sub-paragraph (1), insert—
“(2) For the purposes of sub-paragraph (1)(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(30) (as defined in section 33(1) of the Immigration Act 1971).”.
(6) After paragraph 6 (workers, employed persons, self-employed persons and their family members), insert—
“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(31), who—
(a)is—
(i)an EEA migrant worker or an EEA self-employed person;
(ii)a Swiss employed person or a Swiss self-employed person;
(iii)a family member of a person mentioned in sub-paragraph (i) or (ii);
(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; or
(vi)a family member of a person mentioned in sub-paragraph (iv) or (v);
(b)subject to sub-paragraph (2), is ordinarily resident in England on the first day of the first academic year of the course; and
(c)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.
(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).
(3) 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.”.
(7) After paragraph 7, insert—
“7A.—(1) A person with protected rights who—
(a)is ordinarily resident in England 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 European Economic Area 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(32) (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement(33), as it had effect immediately before IP completion day.
(2) For the purposes of sub-paragraph (1)(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.”.
(8) After paragraph 8 (persons who are settled in the United Kingdom and have exercised a right of residence elsewhere), insert—
“8A.—(1) A person who—
(a)is settled in the United Kingdom;
(b)was ordinarily resident in England 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 European Economic Area and Switzerland; or
(ii)in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising Gibraltar, the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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;
(d)is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;
(e)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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 purposes of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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 that person is a United Kingdom national, 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 a person who had the right of permanent residence who in each case 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 or, in the case of a person who is settled in the United Kingdom and had the right of permanent residence, if the person has gone to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.
(3) For the purposes of sub-paragraph (2), a person had 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.”.
(9) In the heading to paragraph 9 (EU nationals), at the end, insert “etc.”.
(10) After paragraph 9, insert—
“9A.—(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—
(i)attending or undertaking a designated course in England; or
(ii)undertaking an intensive course, designated part-time course or a designated postgraduate course in England;
(c)who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).
9B.—(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 European Economic Area and Switzerland; or
(ii)in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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 —
(i)attending or undertaking a designated course in England; or
(ii)undertaking an intensive course, designated part-time course or a designated postgraduate course in England;
(d)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(e)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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.
(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).
(3) 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).
9C.—(1) 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—
(i)attending or undertaking a designated course in England; or
(ii)undertaking an intensive course, designated part-time course or a designated postgraduate course in England;
(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)subject to sub-paragraph (2), whose ordinary residence in the United Kingdom and Islands 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.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).
9D.—(1) 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 —
(i)attending or undertaking a designated course in England; or
(ii)undertaking an intensive course, designated part-time course or a designated postgraduate course in England;
(c)who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area 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.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).”.
(11) Before paragraph 10, insert the heading “EU nationals ordinarily resident in the United Kingdom and Islands”.
(12) After paragraph 10, insert—
“10ZA. 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 England 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 European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).”.
(13) After paragraph 11 (children of Swiss nationals), insert—
“11A. 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 England 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 European Economic Area 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 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 European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).”.
(14) After paragraph 12 (children of Turkish workers), insert—
“12A. 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 England on the first day of the first academic year of the course; and
(d)has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.”.
S.I. 2011/1986, amended by S.I. 2012/1653, 2013/235, 630, 1728, 3106, 2014/1766, 2103, 2765, 2015/1951, 2016/211, 270, 584, S.I. 2017/52, 114, 204, 2018/136, 137, 434, 443, 472, 599, 2019/142, 983, 1094, 2020/48, 1181 and 1203.
S.I. 2020/1209, amended by S.I. 2020/139.
The definition of “Erasmus year” was substituted by S.I. 2013/1728 and amended by S.I. 2017/114, 2018/472.
The definition of “person granted stateless leave” was inserted by S.I. 2018/137.
1971 c. 77. Section 3ZA was inserted by section 2 of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c.20).
The definition of “regulated institution” was inserted by S.I. 2017/114.
There are no relevant amendments to regulation 7.
Regulation 17 was amended by S.I. 2018/137, 2019/142, 2020/48, 1181 and 1203.
Relevant amending instruments are S.I. 2012/1653, 2016/270, 2020/1203.
Regulation 40 was inserted by S.I. 2014/2765; there are other amending instruments but none is relevant.
Relevant amending instruments are S.I. 2012/1653, 2015/1951 and 2020/1203.
Relevant amending instruments are S.I. 2012/1653 and 2020/1203.
Regulation 49A was inserted by S.I. 2012/1653 and amended by S.I. 2020/1203.
Regulation 56 was amended by S.I. 2012/1653; there are other amending instruments but none is relevant.
Regulation 61 was amended by S.I. 2012/1653; there are other amending instruments but none is relevant.
Relevant amending instruments are S.I. 2013/1728 and 2016/270.
Regulation 138 was amended by S.I. 2018/472, 2019/142, 2020/48, 1181 and 1203.
Regulation 139A was inserted by S.I. 2018/472; there are other amending instruments but none is relevant.
This version of regulation 147 was inserted by S.I. 2018/472, and amended by S.I. 2020/1203.
Regulation 157B was inserted by S.I. 2018/472; there are no relevant amendments to regulation 157B.
Regulation 159 was amended by S.I. 2014/2765; there are other amending instruments but none is relevant.
Regulation 160 was amended by S.I. 2018/137, 2019/142, 2020/48, 1181 and 1203.
Paragraph 1 was amended by S.I. 2012/1653, 2020/1181.
Paragraph 2 was substituted by S.I. 2017/114.
Paragraph 3 was amended by S.I. 2020/1181.
S.I. 2016/1052, amended by S.I. 2017/1, 1242, 2018/801, 2019/468, 2019/1155. S.I. 2016/1052 was revoked on IP completion day by para 2(2) of Schedule 1 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), subject to the savings in SI 2020/1309.
The immigration rules were laid before Parliament on 23rd May 1994 (HC 395). Appendix EU was laid before Parliament on 20th July 2018 as part of a command paper that amended the immigration rules entitled “Statement of Changes in Immigration rules” (Cm 9675). Appendix EU was amended by the statement of changes in immigration rules presented to Parliament on 14th May 2020 (CPC 232) and on 22nd October 2020 (HC 813).
OJ L 141, 27.05.2011, p.1, amended by Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 (OJ L 107, 22.4.2016, p. 1) and Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 ( OJ L 186, 11.7.2019, p. 21).
Annex V of the EEA Agreement incorporates Regulation (EU) No. 492/2011, with modifications that are not relevant for the purposes of these Regulations.