SCHEDULEQUALIFYING PERSONS

F16A

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—

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 the United Kingdom 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, the European Economic Area, Switzerland and the overseas territories 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.

4

For the purposes of paragraph 1(a)(iii) and (vi), an Irish citizen family member is not required to be living in the United Kingdom on IP completion day.