The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021

CHAPTER 2 Amendment of the Education (Student Support) (European University Institute) Regulations 2010

SECTION 1 Introductory

Amendment of the Education (Student Support) (European University Institute) Regulations 2010

12.  The Education (Student Support) (European University Institute) Regulations 2010(1) are amended in accordance with regulations 13 to 16.

SECTION 2 Citizens’ rights and residency criteria

Amendment to regulation 3

13.  In regulation 3(1), in the definition of “person with protected rights”—

(a) the existing text after “means—” is numbered as paragraph (1) of that definition;

(b) in that paragraph as so numbered, omit the terminal “or” after sub-paragraph (a)(iii), and after sub-paragraph (a)(iv), insert—

“(v) otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or”;

(c) 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); or

(c) Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”.

Amendment to regulation 9

14.  In regulation 9(11B)(a)(i), for “paragraph (a)(iii) or (iv)” substitute “paragraph (a)(iii), (iv) or (v)”.

Amendment to Schedule 1

15.  In Schedule 1—

(a) in paragraph 3(1)(a)(iv)—

(i) in paragraph (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 paragraph (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)”,

(iii) after sub-paragraph (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.”.

SECTION 3 Irish citizens in the EEA and Switzerland

Eligibility of Irish citizens in the EEA and Switzerland

16.—(1) In regulation 9—

(a) in paragraph (2)(b)(i), after “9B,” insert “9BA,”;

(b) in paragraph (2B), for “, 9B and 9D” substitute “, 9B, 9BA and 9D”.

(2) In regulation 17(2), after “9A,” insert “9BA,”.

(3) In regulation 19(2), after “9A,” insert “9BA,”.

(4) In regulation 22(3), after “9A,” insert “9BA,”.

(5) In regulation 24(2), after “9A,” insert “9BA,”.

(6) In Schedule 1, after paragraph 9B, insert—

“9BA.— (1) A person—

(a) who on the relevant date is an Irish citizen;

(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 relevant date;

(c) who is ordinarily resident in England on the relevant date;

(d) 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 relevant date; 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(7).”.

(1)

S.I. 2010/447; amendments corresponding to those made to S.I. 2011/1986 and described in footnotes to the amendments to that instrument were made to this instrument.