The Education (Postgraduate Master’s Degree Loans) Regulations 2016

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Notice of overseas residence

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Notice of liability to make repayments

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Repayment by fixed instalments

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Repayment by income-related instalments

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Calculation of fixed instalment and applicable threshold

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Application to cease repayment by instalments

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Foreclosure

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Costs and expenses of the Authority

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CHAPTER 6

Effect of borrower insolvency on postgraduate master's degree loans

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SCHEDULE 1 — ELIGIBLE STUDENTS

PART 1 — Interpretation

1

• (1) For the purposes of this Schedule—

• ...

• “EEA frontier self-employed person” means an EEA national who—is a self-employed person in England; andresides in Switzerland or the territory of an EEA State ... and returns to the national's residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

• “EEA frontier worker” means an EEA national who—is a worker in England; andresides in Switzerland or the territory of an EEA State ... and returns to the national's residence in Switzerland or that EEA State, as the case may be, 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 ...;

• “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 within the meaning of Annex 1 to the Swiss Agreement;

• “European Economic Area” means the area comprised by the EEA States;

• “evacuated or assisted British national from Afghanistan” means a person—who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981 or a British protected person within the meaning of that Act;who was either—evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14th August 2021 and ended on 28th August 2021; orassisted by or on behalf of the United Kingdom, after 28th August 2021 and before 6th January 2022, to leave Afghanistan; andwho has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan;

• unless otherwise indicated, “family member” means—in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person , 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)—that person's spouse or civil partner;direct descendants of the person or of the person's spouse or civil partner who are—under the age of 21, ordependents of the person or the person's spouse or civil partner; ordependent direct relatives in the ascending line of that person or that of the person's 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—that person's spouse or civil partner; orthat person's child or the child of that person's spouse or civil partner;in relation to an EU national who falls within article 7(1)(c) of Directive 2004/38 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—that person's spouse or civil partner; ordirect descendants of the person or of the person's spouse or civil partner who are—under the age of 21; ordependants of the person or the person's spouse or civil partner;in relation to an EU national who falls within article 7(1)(b) of Directive 2004/38 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—that person's spouse or civil partner;direct descendants of the person or of the person's spouse or civil partner who are—under the age of 21; ordependants of the person or the person's spouse or civil partner; ordependent direct relatives in the person's ascending line or that of the person's spouse or civil partner;in relation to a United Kingdom national, for the purposes of paragraphs 9, 9B and 9D and for the purposes of paragraph 9C in relation to a person settled in the United Kingdom—the person's spouse or civil partner; ordirect descendants of the person or the person's spouse or civil partner who are—under the age of 21; ordependants of the person or the person's spouse or civil partner;

• “overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; the Caribbean part of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Gibraltar; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten); Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Barthélemy; St Helena, Ascension and Tristan da Cunha; St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands; and Wallis and Futuna;

• ...

• ...

• “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; orin 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 ;

• “specified British overseas territories” means Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena, Ascension and Tristan da Cunha; and Turks and Caicos Islands;

• “Swiss Agreement” means the Agreement between the EU 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 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 England; andresides in Switzerland or in the territory of an EEA State ... and returns to the national's residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

• “Swiss frontier self-employed person” means a Swiss national who—is a self-employed person in England; andresides in Switzerland or in the territory of an EEA State... and returns to the national's residence in Switzerland or that EEA State, as the case may be, 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;

• “United Kingdom national” has the meaning given by Article 2(d) of the EU withdrawal agreement;

• “worker” means a worker within the meaning of article 7 of Directive 2004/38 or the EEA Agreement as the case may be.

• (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.

• (2) For the purposes of this Schedule, “parent” means a parent, guardian or any other person having parental responsibility and “child” is to be construed accordingly.

• (3) For the purposes of this Schedule, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place.

• (4) For the purposes of this Schedule, a person who is ordinarily resident in England, Wales, Scotland, Northern Ireland or the Islands, as a result of having moved from another of those areas for the purpose of undertaking—

• (a) the designated course; or

• (b) a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the designated course,

is to be considered to be ordinarily resident in the place from which the person moved.

• (5) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in an area if A would have been so resident but for the fact that—

• (a) A;

• (b) A’s spouse or civil partner; or

• (c) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.

• (6) For the purposes of sub-paragraph (5), temporary employment outside the area in question includes—

• (a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

• (b) in the case of members of the regular armed forces of a specified British overseas territory, any period which they serve outside the territory comprising the United Kingdom and the specified British overseas territories as members of such forces;

• (c) 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;

• (d) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland as members of such forces;

• (e) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the United Kingdom, Gibraltar, the European Economic Area, Switzerland and Turkey as members of such forces; and

• (f) in the case of members of the regular armed forces of an EU overseas territory, any period which they serve outside the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories.

• (7) For the purposes of this Schedule an area other than the United Kingdom or Gibraltar which —

• (a) was previously not part of the EU or the European Economic Area; but

• (b) at any time before or after these Regulations come into force has become part of one or other or both of these areas,

is to be considered to have always been a part of the European Economic Area.

• (8) For the purposes of this Schedule, an eligible prisoner is to be considered ordinarily resident in the part of the United Kingdom where the prisoner resided prior to sentencing.

PART 2 — Categories

Persons who are settled in the United Kingdom

2

• (1) A person—

• (a) who ...—

• (i) is settled in the United Kingdom and does not fall within paragraph 3;

• (ii) is ordinarily resident in England on the first day of the first academic year of the course; and

• (iii) 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

• (b) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education.

• (2) Paragraph (b) 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(5).

3

• (1) A person who—

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 or otherwise has rights deemed to apply by virtue of any of the citizens’ rights provisions specified in paragraph (3); 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 otherwise has a deemed right of permanent residence by virtue of any of the citizens’ rights provisions specified in paragraph (3); 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) 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 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, ..., the European Economic Area , Switzerland and the overseas territories immediately before the period of ordinary residence referred to in paragraph (c).

• (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 ....

• (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.

Refugees and their family members

4

• (1) A person who—

• (a) is a refugee;

• (b) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was recognised as a refugee; and

• (c) is ordinarily resident in England on the course start date.

• (2) A person who—

• (a) is the spouse or civil partner of a refugee;

• (b) was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;

• (c) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

• (d) is ordinarily resident in England on the course start date.

• (3) A person who—

• (a) is the child of a refugee or the child of the spouse or civil partner of a refugee;

• (b) on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;

• (c) was under 18 on the date on which the refugee made the application for asylum;

• (d) is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

• (e) is ordinarily resident in England on the course start date.

Persons granted humanitarian protection and their family members

5

• (1) A person granted humanitarian protection, who is ordinarily resident in England on the course start date.

• (2) A person who—

• (a) is the spouse or civil partner of a person granted humanitarian protection;

• (b) was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”);

• (c) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

• (d) who is ordinarily resident in England on the course start date.

• (3) A person who—

• (a) is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;

• (b) on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;

• (c) was under 18 on the asylum application date;

• (d) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

• (e) who is ordinarily resident in England on the course start date.

Workers, employed persons, self-employed persons and their family members

6

• (1) A person 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 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 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).

7

• (1) A person 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 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers , as extended by the EEA Agreement.

• (2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

8

• (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) is ordinarily resident in the United Kingdom on the course start date;

• (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) in a case where the person's ordinary residence referred to in paragraph (d) 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 (d).

• (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.

EU nationals

9

• (1) A person who—

• (a) is either—

• (i) an EU national on the first day of the first academic year of the course; or

• (ii) a family member of a such a person;

• (b) is attending or undertaking a designated course in England;

• (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) 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(5).

• (3) Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national on the first day of the first academic year of the course is treated as being satisfied.

• (4) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

10

• (1) A person 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 higher 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).

• (2) Where a state accedes to the EU after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EU national ... on the first day of the first academic year of the course is treated as being satisfied.

Children of Swiss nationals

11

• (1) A person who—

• (a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Swiss 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 before the period of ordinary residence referred to in paragraph (c).

• (2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

Children of Turkish workers

12

A person who—

• (a) is the child of a Turkish worker;

• (b) 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, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

Long Residence

13

• (1) A person—

• (a) who on the first day of the first academic year of the course either—

• (i) is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or

• (ii) is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either—

• (aa) half their life; or

• (bb) a period of twenty years;

• (b) who is ordinarily resident in England on the first day of the first academic year of the course;

• (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 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(5).

SCHEDULE 2 — INFORMATION

1

Every applicant and eligible student must, as soon as reasonably practicable after being requested to do so, provide the Secretary of State with such information as the Secretary of State considers the Secretary of State requires for the purposes of these Regulations.

2

An applicant or eligible student must forthwith inform the Secretary of State and provide the Secretary of State with particulars if any of the following occurs—

• (a) they withdraw from or abandon their course;

• (b) they are expelled from their course;

• (c) they transfer to another course (whether at the same institution or not);

• (d) they are absent from their course for more than 60 days due to illness;

• (e) they are suspended from their course (whether at their request or not);

• (f) they become, or cease to be, a prisoner or an eligible prisoner;

• (g) the month for the start or completion of their course changes;

• (h) their home or term-time address or telephone number changes.

3

Information provided to the Secretary of State pursuant to these Regulations must be in the format that the Secretary of State requires and, if the Secretary of State requires the information to be signed by the person providing it, an electronic signature in such form as the Secretary of State may specify satisfies such a requirement.

SCHEDULE 3 — REAL TIME RETURNS

Information about the employer and employee

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Signed

Joseph Johnson — Minister of State for Universities and Science — 2016-05-24

Explanatory note

(This note is not part of the Regulations)

Footnotes

Persons who are settled in the United Kingdom

Refugees and their family members

Persons granted humanitarian protection and their family members

Workers, employed persons, self-employed persons and their family members

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

EU nationals etc.

Children of Swiss nationals

Children of Turkish workers

Long Residence

Information about the employer and employee

Editorial notes