The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016

Being in the United Kingdom

12.—(1) Subject to paragraph (2), the following persons are treated for the purposes of regulation 11 as being in the United Kingdom—

(a)a person who is ordinarily resident in the United Kingdom;

(b)a resident of another EEA state who is in paid work in the United Kingdom;

(c)a person in the United Kingdom as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;

(d)a person in the United Kingdom who has been granted, or who is deemed to have been granted, leave outside the rules (the “Immigration Rules”) made under section 3(2) of the Immigration Act 1971(1) where that leave is—

(i)discretionary leave to enter or remain in the United Kingdom;

(ii)leave to remain under the Destitution Domestic Violence concession(2); or

(iii)leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005(3);

(e)a person in the United Kingdom who has humanitarian protection granted under the Immigration Rules;

(f)a person in the United Kingdom who has been deported, expelled or otherwise removed by compulsion of law from another country to the United Kingdom, but is not a person subject to immigration control.

(2) But the following persons are treated for the purposes of regulation 11 as not being in the United Kingdom—

(a)a person in the United Kingdom who—

(i)is resident in the United Kingdom but is taxed, by virtue of double taxation arrangements, as if they were not so resident; and

(ii)is not a resident of another EEA state who is in paid work in the United Kingdom;

(b)a person who is subject to immigration control.

(3) In this regulation—

“double taxation arrangements” means arrangements that have effect under section 2(1) of the Taxation (International and Other Provisions) Act 2010(4) (giving effect to arrangements made in relation to other territories);

“person subject to immigration control” has the meaning in section 115(9) of the Immigration and Asylum Act 1999(5).