SFE Assessing Eligibility Guidance 2013/14 - Practitioners - Student ...

2013/14 HE Student Finance
Assessing Eligibility Guidance
Member State of the EU or EEA in its own right. Therefore EEA
migrant worker status will not include Gibraltar nationals working in
the UK.
Persons who are settled in the United Kingdom and have exercised a right of
residence elsewhere (Paragraph 8 of Part 2 of Schedule 1)
125. Specific provision is made for persons who are settled in the UK and
who once left England to exercise a right of residence after having
been settled in the UK.
Paragraph 8(2) sets out when a person has exercised a right of residence
for the purpose of paragraph 8(1)(b).
The following are some examples of situations where a person has
exercised a right of residence for the purpose of paragraph 8(1)(b):
• a UK national exercises a right under Article 7 of Directive
2004/38 in another Member State (e.g. a UK national goes to
work in France)
• a UK national exercises a right under the EEA Agreement or the
Swiss Agreement that is equivalent to a right under Article 7 of
the Directive (e.g. a UK national goes to work in Iceland)
• a family member of a UK national exercises a right under Article
7 of Directive 2004/38 in another Member State (N.B. family
member has the meaning in Article 7 of Directive 2004/38) (e.g.
the American wife of a UK national accompanies him when he
goes to work in Germany)
• a family member of a UK national exercises a right under the
EEA Agreement or the Swiss Agreement that is equivalent to a
right under Article 7 of the Directive (N.B. family member has
the meaning given in relation to the right being exercised under
the EEA Agreement or Swiss Agreement) (e.g. the Chinese
husband of a UK national accompanies her when she goes to
work in Norway)
• a person who has acquired the right of permanent residence in
the UK (as defined in the Regulations) exercises a right under
Article 7 of Directive 2004/38 in a Member State other than the
UK (e.g. the Moroccan civil partner of a Spanish national who
has been working in the UK acquires the right of permanent
residence in the UK and then goes to the Netherlands with his
Spanish national civil partner who is taking up a job there);
• a person who has acquired the right of permanent residence in
the UK (as defined in the Regulations) exercises a right under
the EEA Agreement or the Swiss Agreement that is equivalent
to a right under Article 7 of the Directive;
• a person who has acquired the right of permanent residence in
the UK (as defined in the Regulations) goes to the state within
the territory comprising the EEA and Switzerland of which he is
a national or of which the person in relation to whom he is a
family member is a national (e.g. the Moroccan national and his
Spanish national civil partner from the example above go to
Spain instead of the Netherlands. They would not be exercising
rights under Article 7 of the Directive but paragraph 8 of
Schedule 2 does allow a return to the student‟s own Member
State or that of the person in relation to whom the student is a
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