Common use of PERSONAL SCOPE Clause in Contracts

PERSONAL SCOPE. 1. Without prejudice to Title III, this Part shall apply to the following persons: (a) Union citizens who exercised their right to reside in the United Kingdom in accordance with Union law before the end of the transition period and continue to reside there thereafter; (b) United Kingdom nationals who exercised their right to reside in a Member State in accordance with Union law before the end of the transition period and continue to reside there thereafter; (c) Union citizens who exercised their right as frontier workers in the United Kingdom in accordance with Union law before the end of the transition period and continue to do so thereafter; (d) United Kingdom nationals who exercised their right as frontier workers in one or more Member States in accordance with Union law before the end of the transition period and continue to do so thereafter; (e) family members of the persons referred to in points (a) to (d), provided that they fulfil one of the following conditions: (i) they resided in the host State in accordance with Union law before the end of the transition period and continue to reside there thereafter; (ii) they were directly related to a person referred to in points (a) to (d) and resided outside the host State before the end of the transition period, provided that they fulfil the conditions set out in point (2) of Article 2 of Directive 2004/38/EC at the time they seek residence under this Part in order to join the person referred to in points (a) to (d) of this paragraph; (iii) they were born to, or legally adopted by, persons referred to in points (a) to (d) after the end of the transition period, whether inside or outside the host State, and fulfil the conditions set out in point (2)(c) of Article 2 of Directive 2004/38/EC at the time they seek residence under this Part in order to join the person referred to in points (a) to (d) of this paragraph and fulfil one of the following conditions: – both parents are persons referred to in points (a) to (d); – one parent is a person referred to in points (a) to (d) and the other is a national of the host State; or – one parent is a person referred to in points (a) to (d) and has sole or joint rights of custody of the child, in accordance with the applicable rules of family law of a Member State or of the United Kingdom, including applicable rules of private international law under which rights of custody established under the law of a third State are recognised in the Member State or in the United Kingdom, in particular as regards the best interests of the child, and without prejudice to the normal operation of such applicable rules of private international law1; (f) family members who resided in the host State in accordance with Articles 12 and 13, Article 16(2) and Articles 17 and 18 of Directive 2004/38/EC before the end of the transition period and continue to reside there thereafter. 2. Persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC whose residence was facilitated by the host State in accordance with its national legislation before the end of the transition period in accordance with Article 3(2) of that Directive shall retain their right of residence in the host State in accordance with this Part, provided that they continue to reside in the host State thereafter. 1 The notion of rights of custody is to be interpreted in accordance with point (9) of Article 2 of Regulation (EC) No 2201/2003. Therefore, it covers rights of custody acquired by judgment, by operation of law or by an agreement having legal effect. 3. Paragraph 2 shall also apply to persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC who have applied for facilitation of entry and residence before the end of the transition period, and whose residence is being facilitated by the host State in accordance with its national legislation thereafter. 4. Without prejudice to any right to residence which the persons concerned may have in their own right, the host State shall, in accordance with its national legislation and in accordance with point (b) of Article 3(2) of Directive 2004/38/EC, facilitate entry and residence for the partner with whom the person referred to in points (a) to (d) of paragraph 1 of this Article has a durable relationship, duly attested, where that partner resided outside the host State before the end of the transition period, provided that the relationship was durable before the end of the transition period and continues at the time the partner seeks residence under this Part. 5. In the cases referred to in paragraphs 3 and 4, the host State shall undertake an extensive examination of the personal circumstances of the persons concerned and shall justify any denial of entry or residence to such persons.

PERSONAL SCOPE. 1. Without prejudice to Title III, this Part shall apply to the following persons: (a) Union citizens who exercised their right to reside in the United Kingdom in accordance with Union law before the end of the transition period and continue to reside there thereafter; (b) United Kingdom nationals who exercised their right to reside in a Member State in accordance with Union law before the end of the transition period and continue to reside there thereafter; (c) Union citizens who exercised their right as frontier workers in the United Kingdom in accordance with Union law before the end of the transition period and continue to do so thereafter; (d) United Kingdom nationals who exercised their right as frontier workers in one or more Member States in accordance with Union law before the end of the transition period and continue to do so thereafter; (e) family members of the persons referred to in points (a) to (d), provided that they fulfil one of the following conditions: (i) they resided in the host State in accordance with Union law before the end of the transition period and continue to reside there thereafter; (ii) they were directly related to a person referred to in points (a) to (d) and resided outside the host State before the end of the transition period, provided that they fulfil the conditions set out in point (2) of Article 2 of Directive 2004/38/EC at the time they seek residence under this Part in order to join the person referred to in points (a) to (d) of this paragraph; (iii) they were born to, or legally adopted by, persons referred to in points (a) to (d) after the end of the transition period, whether inside or outside the host State, and fulfil the conditions set out in point (2)(c) of Article 2 of Directive 2004/38/EC at the time they seek residence under this Part in order to join the person referred to in points (a) to (d) of this paragraph and fulfil one of the following conditions: – both parents are persons referred to in points (a) to (d); – one parent is a person referred to in points (a) to (d) and the other is a national of the host State; or – one parent is a person referred to in points (a) to (d) and has sole or joint rights of custody of the child, in accordance with the applicable rules of family law of a Member State or of the United Kingdom, including applicable rules of private international law under which rights of custody established under the law of a third State are recognised in the Member State or in the United Kingdom, in particular as regards the best interests of the child, and without prejudice to the normal operation of such applicable rules of private international law1; (f) family members who resided in the host State in accordance with Articles 12 and 13, Article 16(2) and Articles 17 and 18 of Directive 2004/38/EC before the end of the transition period and continue to reside there thereafter. 1 The notion of rights of custody is to be interpreted in accordance with point (9) of Article 2 of Regulation (EC) No 2201/2003. Therefore, it covers rights of custody acquired by judgment, by operation of law or by an agreement having legal effect. 2. Persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC whose residence was facilitated by the host State in accordance with its national legislation before the end of the transition period in accordance with Article 3(2) of that Directive shall retain their right of residence in the host State in accordance with this Part, provided that they continue to reside in the host State thereafter. 1 The notion of rights of custody is to be interpreted in accordance with point (9) of Article 2 of Regulation (EC) No 2201/2003. Therefore, it covers rights of custody acquired by judgment, by operation of law or by an agreement having legal effect. 3. Paragraph 2 shall also apply to persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC who have applied for facilitation of entry and residence before the end of the transition period, and whose residence is being facilitated by the host State in accordance with its national legislation thereafter. 4. Without prejudice to any right to residence which the persons concerned may have in their own right, the host State shall, in accordance with its national legislation and in accordance with point (b) of Article 3(2) of Directive 2004/38/EC, facilitate entry and residence for the partner with whom the person referred to in points (a) to (d) of paragraph 1 of this Article has a durable relationship, duly attested, where that partner resided outside the host State before the end of the transition period, provided that the relationship was durable before the end of the transition period and continues at the time the partner seeks residence under this Part. 5. In the cases referred to in paragraphs 3 and 4, the host State shall undertake an extensive examination of the personal circumstances of the persons concerned and shall justify any denial of entry or residence to such persons.

PERSONAL SCOPE. 1. Without prejudice to Title III, this Part shall apply to the following persons: (a) Union citizens who exercised their right to reside in the United Kingdom in accordance with Union law before the end of the transition period and continue to reside there thereafter; (b) United Kingdom nationals who exercised their right to reside in a Member State in accordance with Union law before the end of the transition period and continue to reside there thereafter; (c) Union citizens who exercised their right as frontier workers in the United Kingdom in accordance with Union law before the end of the transition period and continue to do so thereafter; (d) United Kingdom nationals who exercised their right as frontier workers in one or more Member States in accordance with Union law before the end of the transition period and continue to do so thereafter; (e) family members of the persons referred to in points (a) to (d), provided that where they fulfil one of the following conditions: (i) they resided in the host State in accordance with Union law before the end of the transition period and continue to reside there thereafter; (ii) they were directly related to a person referred to in points (a) to (d) and resided outside the host State before the end of the transition period, provided that they fulfil the conditions set out in point (2) of Article 2 of Directive 2004/38/EC at the time they seek residence under this Part in order to join the person referred to in points (a) to (d) of this paragraph;* (iii) they were are born to, or legally adopted by, persons referred to in points (a) to (d) after the end of the transition period, whether inside or outside the host State, and where they fulfil the conditions set out in point (2)(c) of Article 2 of Directive 2004/38/EC at the time they seek residence under this Part in order to join the person referred to in points (a) to (d) of this paragraph and fulfil one of the following conditions: – - both parents are persons referred to in points (a) to (d); – - one parent is a person referred to in points (a) to (d) and the other is a national of the host State; or – - one parent is a person referred to in points (a) to (d) and has sole or joint rights of custody of the child, in accordance with the applicable rules of family law of a Member State or of the United Kingdom, including applicable rules of private international law under which rights of custody established under the law of a third State state are recognised in the Member State or in the United Kingdom, in particular as regards the best interests of the childchild and * This reflects the Commission's view as set out in the Communication from the Commission to the European Council of 8 December 2017 (COM(2017)784 final), according to which the family reunification right provided for in the Joint Report shall also cover future partners or spouses of Union citizens and United Kingdom nationals, who are not yet partners or spouses at the "specified date". without prejudice to the normal operation of such applicable rules of private international law1law7; (f) family members who resided in the host State in accordance with Articles 12 and 13, Article 16(2) and Articles 17 and 18 of Directive 2004/38/EC before the end of the transition period and continue to reside there thereafter. 2. Without prejudice to any right to residence which the persons concerned may have in their own right, the host State shall, in accordance with its national legislation, facilitate entry and residence for persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC who resided in the host State in accordance with Union law before the end of the transition period and continue to reside there thereafter. 3. Persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC whose residence was facilitated recognised by the host State in accordance with its national legislation before the end of the transition period in accordance with Article 3(2) of that Directive 2004/38/EC shall retain their right of residence in the host State in accordance with this Part, the Withdrawal Agreement provided that they continue to reside in the host State thereafter. 1 The notion of rights of custody is to be interpreted in accordance with point (9) of Article 2 of Regulation (EC) No 2201/2003. Therefore, it covers rights of custody acquired by judgment, by operation of law or by an agreement having legal effect. 3. Paragraph 2 shall also apply to persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC who have applied for facilitation of entry and residence before the end of the transition period, and whose residence is being facilitated by the host State in accordance with its national legislation thereafter. 4. Without prejudice to any right to residence which the persons concerned may have in their own right, the host State shall, in accordance with its national legislation and in accordance with point (b) of Article 3(2) of Directive 2004/38/EC, facilitate entry and residence for the partner with whom the person referred to in points (a) to (d) of paragraph 1 of this Article has a durable relationship, duly attested, where that partner resided outside the host State before the end of the transition period, provided that the relationship was durable before the end of the transition period and continues at the time the partner seeks residence under this Part. 5. In the cases referred to in paragraphs 3 2 and 4, the host State shall undertake an extensive examination of the personal circumstances of the persons concerned and shall justify any denial of entry or residence to such persons.

PERSONAL SCOPE. 1. Without prejudice to Title III, this Part shall apply to the following persons: (a) Union citizens who exercised their right to reside in the United Kingdom in accordance with Union law before the end of the transition period and continue to reside there thereafter; (b) United Kingdom nationals who exercised their right to reside in a Member State in accordance with Union law before the end of the transition period and continue to reside there thereafter; (c) Union citizens who exercised their right as frontier workers in the United Kingdom in accordance with Union law before the end of the transition period and continue to do so thereafter; (d) United Kingdom nationals who exercised their right as frontier workers in one or more Member States in accordance with Union law before the end of the transition period and continue to do so thereafter; (e) family members of the persons referred to in points (a) to (d), provided that they fulfil one of the following conditions: (i) they resided in the host State in accordance with Union law before the end of the transition period and continue to reside there thereafter; (ii) they were directly related to a person referred to in points (a) to (d) and resided outside the host State before the end of the transition period, provided that they fulfil the conditions set out in point (2) of Article article 2 of Directive directive 2004/38/EC at the time they seek residence under this Part in order to join the person referred to in points (a) to (d) of this paragraph; (iii) they were born to, or legally adopted by, persons referred to in points (a) to (d) after the end of the transition period, whether inside or outside the host State, and fulfil the conditions set out in point (2)(c) of Article article 2 of Directive directive 2004/38/EC at the time they seek residence under this Part in order to join the person referred to in points (a) to (d) of this paragraph and fulfil one of the following conditions: – — both parents are persons referred to in points (a) to (d); – — one parent is a person referred to in points (a) to (d) and the other is a national of the host State; or – — one parent is a person referred to in points (a) to (d) and has sole or joint rights of custody of the child, in accordance with the applicable rules of family law of a Member State or of the United Kingdom, including applicable rules of private international law under which rights of custody established under the law of a third State are recognised in the Member State or in the United Kingdom, in particular as regards the best interests of the child, and without prejudice to the normal operation of such applicable rules of private international law1law (7); (f) family members who resided in the host State in accordance with Articles articles 12 and 13, Article article 16(2) and Articles articles 17 and 18 of Directive directive 2004/38/EC before the end of the transition period and continue to reside there thereafter. 2. Persons falling under points (a) and (b) of Article article 3(2) of Directive directive 2004/38/EC whose residence was facilitated by the host State in accordance with its national legislation before the end of the transition period in accordance with Article article 3(2) of that Directive directive shall retain their right of residence in the host State in accordance with this Part, provided that they continue to reside in the host State thereafter. 1 The notion of rights of custody is to be interpreted in accordance with point (9) of Article 2 of Regulation (EC) No 2201/2003. Therefore, it covers rights of custody acquired by judgment, by operation of law or by an agreement having legal effect. 3. Paragraph 2 shall also apply to persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC who have applied for facilitation of entry and residence before the end of the transition period, and whose residence is being facilitated by the host State in accordance with its national legislation thereafter. 4. Without prejudice to any right to residence which the persons concerned may have in their own right, the host State shall, in accordance with its national legislation and in accordance with point (b) of Article 3(2) of Directive 2004/38/EC, facilitate entry and residence for the partner with whom the person referred to in points (a) to (d) of paragraph 1 of this Article has a durable relationship, duly attested, where that partner resided outside the host State before the end of the transition period, provided that the relationship was durable before the end of the transition period and continues at the time the partner seeks residence under this Part. 5. In the cases referred to in paragraphs 3 and 4, the host State shall undertake an extensive examination of the personal circumstances of the persons concerned and shall justify any denial of entry or residence to such persons.

PERSONAL SCOPE. 1. Without prejudice to Title III, this Part shall apply to the following persons: (a) Union citizens who exercised their right to reside in the United Kingdom in accordance with Union law before the end of the transition period and continue to reside there thereafter; (b) United Kingdom nationals who exercised their right to reside in a Member State in accordance with Union law before the end of the transition period and continue to reside there thereafter; (c) Union citizens who exercised their right as frontier workers in the United Kingdom in accordance with Union law before the end of the transition period and continue to do so thereafter; (d) United Kingdom nationals who exercised their right as frontier workers in one or more Member States in accordance with Union law before the end of the transition period and continue to do so thereafter; (e) family members of the persons referred to in points (a) to (d), provided that where they fulfil one of the following conditions: (i) they resided in the host State in accordance with Union law before the end of the transition period and continue to reside there thereafter; (ii) they were directly related to a person referred to in points (a) to (d) and resided outside the host State before the end of the transition period, provided that they fulfil the conditions set out in point (2) of Article 2 of Directive 2004/38/EC at the time they seek residence under this Part in order to join the person referred to in points (a) to (d) of this paragraph;* (iii) they were are born to, or legally adopted by, persons referred to in points (a) to (d) after the end of the transition period, whether inside or outside the host State, and where they fulfil the conditions set out in point (2)(c) of Article 2 of Directive 2004/38/EC at the time they seek residence under this Part in order to join the person referred to in points (a) to (d) of this paragraph and fulfil one of the following conditions: – - both parents are persons referred to in points (a) to (d); – - one parent is a person referred to in points (a) to (d) and the other is a national of the host State; or – - one parent is a person referred to in points (a) to (d) and has sole or joint rights of custody of the child, in accordance with the applicable rules of family law of a Member State or of the United Kingdom, including applicable rules of private international law under which rights of custody established under the law of a third State state are recognised in the Member State or in the United Kingdom, in particular as regards the best interests of the childchild and * This reflects the Commission's view as set out in the Communication from the Commission to the European Council of 8 December 2017 (COM(2017)784 final), according to which the family reunification right provided for in the Joint Report shall also cover future partners or spouses of Union citizens and United Kingdom nationals, who are not yet partners or spouses at the "specified date". without prejudice to the normal operation of such applicable rules of private international law1law7; (f) family members who resided in the host State in accordance with Articles 12 and 13, Article 16(2) and Articles 17 and 18 of Directive 2004/38/EC before the end of the transition period and continue to reside there thereafter. 2. Persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC whose Without prejudice to any right to residence was facilitated by which the persons concerned may have in their own right, the host State shall, in accordance with its national legislation before the end of the transition period in accordance with Article 3(2) of that Directive shall retain their right of legislation, facilitate entry and residence in the host State in accordance with this Part, provided that they continue to reside in the host State thereafter. 1 The notion of rights of custody is to be interpreted in accordance with point (9) of Article 2 of Regulation (EC) No 2201/2003. Therefore, it covers rights of custody acquired by judgment, by operation of law or by an agreement having legal effect. 3. Paragraph 2 shall also apply to for persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC who have applied for facilitation of entry and residence resided in the host State in accordance with Union law before the end of the transition period, period and whose residence is being facilitated by the host State in accordance with its national legislation continue to reside there thereafter. 43. Without prejudice to any right to residence which the persons concerned may have in their own right, the host State shall, in accordance with its national legislation and in accordance with point (b) of Article 3(2) of Directive 2004/38/EC, facilitate entry and residence for the partner with whom the person referred to in points (a) to (d) of paragraph 1 of this Article has a durable relationship, duly attested, where that partner resided outside the host State before the end of the transition period, provided that the relationship was durable before the end of the transition period and continues at the time the partner seeks residence under this Part. 54. In the cases referred to in paragraphs 3 2 and 43, the host State shall undertake an extensive examination of the personal circumstances of the persons concerned and shall justify any denial of entry or residence to such persons.

PERSONAL SCOPE. 1. Without prejudice to Title IIIParts Three and Four, this Part shall apply to the following persons: (a) Union citizens Swiss nationals who exercised their right to reside in the United Kingdom in accordance with Union law the FMOPA before the end of the transition period specified date and continue to reside there thereafter; (b) United Kingdom nationals who exercised their right to reside in a Member State Switzerland in accordance with Union law the FMOPA before the end of the transition period specified date and continue to reside there thereafter; (c) Union citizens Swiss nationals who exercised their right as frontier workers in the United Kingdom in accordance with Union law the FMOPA before the end of the transition period specified date and continue to do so thereafter; (d) United Kingdom nationals who exercised their right as frontier workers in one or more Member States Switzerland in accordance with Union law the FMOPA before the end of the transition period specified date and continue to do so thereafter; (e) family members of the persons referred to in points sub-paragraphs (a) to (db), provided that where they fulfil one of the following conditions: (i) they resided in the host State in accordance with Union law the FMOPA before the end of the transition period specified date and continue to reside there thereafter; (ii) they were directly related to a person referred to in points sub-paragraphs (a) to (db) and resided outside the host State before the end of the transition periodspecified date, provided that they fulfil the conditions set out in point fall under sub-paragraphs 2(a) to (2c) of Article 2 3(2) of Directive 2004/38/EC Annex I to the FMOPA at the time they seek residence under this Part in order to join the person referred to in points sub-paragraphs (a) to (db) of this paragraph; (iii) they were are born to, or legally adopted byotherwise become the child of, persons a person referred to in points sub-paragraphs (a) to (db) on or after the end of the transition periodspecified date, whether inside or outside the host State, and fulfil the conditions set out in point provided that they fall under paragraph 2(a) or (2)(cc) of Article 2 3 of Directive 2004/38/EC Annex I to the FMOPA at the time they seek residence under this Part in order to join the person referred to in points sub-paragraphs (a) to (db) of this paragraph and fulfil one paragraph; iv) they become the spouse of the following conditions: – both parents are persons a person referred to in points sub-paragraphs (a) to (d); – one parent is a b) within the period of five years following the specified date, provided they seek residence under this Part in order to join the person referred to in points sub-paragraphs (a) to (db) of this paragraph before the end of that period. f) persons providing services, to the extent set out in Articles 23 and 24. 2. Family members falling under Article 3(2) of Annex I to the other is a national of the host State; or – one parent is a person referred to in points FMOPA otherwise than under sub-paragraphs (a) to (dc) and has sole of that provision whose admission was facilitated by Switzerland or joint rights of custody of the child, United Kingdom before the specified date in accordance with the applicable rules of family law of a Member State or of the United Kingdomthat provision shall, including applicable rules of private international law under which rights of custody established under the law of a third State are recognised in the Member State or in the United Kingdomsubject to Article 14, in particular as regards the best interests of the child, and without prejudice to the normal operation of such applicable rules of private international law1; (f) family members who resided in the host State in accordance with Articles 12 and 13, Article 16(2) and Articles 17 and 18 of Directive 2004/38/EC before the end of the transition period and continue to reside there thereafter. 2. Persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC whose residence was facilitated by the host State in accordance with its national legislation before the end of the transition period in accordance with Article 3(2) of that Directive shall retain their right of residence in the host State on or after that date in accordance with this Part, provided that they continue to reside in the host State thereafter. 1 The notion national legislation of rights of custody is to be interpreted in accordance with point (9) of Article 2 of Regulation (EC) No 2201/2003. Therefore, it covers rights of custody acquired by judgment, by operation of law Switzerland or by an agreement having legal effectthe United Kingdom respectively. 3. Paragraph 2 shall also apply applies to persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC Annex 1 to the FMOPA otherwise than under sub-paragraphs (a) to (c) of that provision who have applied for facilitation of entry and residence before the end of the transition periodspecified date, and whose residence admission is being facilitated by Switzerland or the host State United Kingdom in accordance with its national legislation thereafteron or after that date. 4. Without prejudice to any right to residence which the persons concerned may have in their own right, the host State shall, in accordance with its national legislation and in accordance with point (b) of Article 3(2) of Directive 2004/38/EC, facilitate entry and residence for the partner with whom the person referred to in points (a) to (d) of paragraph 1 of this Article has a durable relationship, duly attested, where that partner resided outside the host State before the end of the transition period, provided that the relationship was durable before the end of the transition period and continues at the time the partner seeks residence under this Part. 5. In the cases referred to in paragraphs 3 and 4, the host State shall undertake an extensive examination of the personal circumstances of the persons concerned and shall justify any denial of entry or residence to such persons.

PERSONAL SCOPE. 1. Without prejudice to Title III, this Part shall apply to the following persons: (a) Union citizens who exercised their right to reside in the United Kingdom in accordance with Union law before the end of the transition period and continue to reside there thereafter; (b) United Kingdom nationals who exercised their right to reside in a Member State in accordance with Union law before the end of the transition period and continue to reside there thereafter; (c) Union citizens who exercised their right as frontier workers in the United Kingdom in accordance with Union law before the end of the transition period and continue to do so thereafter; (d) United Kingdom nationals who exercised their right as frontier workers in one or more Member States in accordance with Union law before the end of the transition period and continue to do so thereafter; (e) family members of the persons referred to in points (a) to (d), provided that where they fulfil one of the following conditions: (i) they resided in the host State in accordance with Union law before the end of the transition period and continue to reside there thereafter; (ii) they were directly related to a person referred to in points (a) to (d) of this paragraph and resided outside the host State before the end of the transition period, provided that they fulfil the conditions set out in point (2) of Article 2 of Directive 2004/38/EC at the time they seek residence under this Part in order to join the person referred to in points (a) to (d) of this paragraph; (iii) they were are born to, or legally adopted by, persons referred to in points (a) to (d) after the end of the transition period, whether inside or outside the host State, and where they fulfil the conditions set out in point (2)(c) of Article 2 of Directive 2004/38/EC at the time they seek residence under this Part in order to join the person referred to in points (a) to (d) of this paragraph and fulfil one of the following conditions: – - ­ ‐ both parents are persons referred to in points (a) to (d); – - ­ ‐ one parent is a person referred to in points (a) to (d) and the other is a national of the host State; or – 6 Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (OJ L 338, 23/12/2003 p. 1). - ­ ‐ one parent is a person referred to in points (a) to (d) and has sole or joint rights of custody of the child, in accordance with the applicable rules of family law of a Member State or of the United Kingdom, including applicable rules of private international law under which rights of custody established under the law of a third State state are recognised in the Member State or in the United Kingdom, in particular as regards the best interests of the child, child and without prejudice to the normal operation of such applicable rules of private international law1law7; (f) family members who resided in the host State in accordance with Articles 12 and 13, Article 16(2) and Articles 17 and 18 of Directive 2004/38/EC before the end of the transition period and continue to reside there thereafter. 2. Persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC whose residence was facilitated by the host State in accordance with its national legislation before the end of the transition period in accordance with Article 3(2) of that Directive 2004/38/EC shall retain their right of residence in the host State in accordance with this Part, Part provided that they continue to reside in the host State thereafter. 1 The notion of rights of custody is to be interpreted in accordance with point (9) of Article 2 of Regulation (EC) No 2201/2003. Therefore, it covers rights of custody acquired by judgment, by operation of law or by an agreement having legal effect. 3. Paragraph 2 shall also apply applies to persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC who have applied for facilitation of entry and residence before the end of the transition period, and whose residence is being facilitated by the host State in accordance with its national legislation thereafterafter that date. 4. Without prejudice to any right to residence which the persons concerned may have in their own right, the host State shall, in accordance with its national legislation and in accordance with point (b) of Article 3(2) of Directive 2004/38/EC, facilitate entry and residence for the partner with whom the person referred to in points (a) to (d) of paragraph 1 of this Article has a durable relationship, duly attested, where that partner and who resided outside the host State before the end of the transition period, provided that the relationship was durable before the end of the transition period and continues at the time the partner seeks residence under this Part. 5. In the cases referred to in paragraphs 3 and 4, the host State shall undertake an extensive examination of the personal circumstances of the persons concerned and shall justify any denial of entry or residence to such persons.

PERSONAL SCOPE. 1. Without prejudice to Title IIIParts Three and Four, this Part shall apply to the following persons: (a) Union citizens Swiss nationals who exercised their right to reside in the United Kingdom in accordance with Union law the FMOPA before the end of the transition period specified date and continue to reside there thereafter; (b) United Kingdom nationals who exercised their right to reside in a Member State Switzerland in accordance with Union law the FMOPA before the end of the transition period specified date and continue to reside there thereafter; (c) Union citizens Swiss nationals who exercised their right as frontier workers in the United Kingdom in accordance with Union law the FMOPA before the end of the transition period specified date and continue to do so thereafter; (d) United Kingdom nationals who exercised their right as frontier workers in one or more Member States Switzerland in accordance with Union law the FMOPA before the end of the transition period specified date and continue to do so thereafter; (e) family members of the persons referred to in points sub-paragraphs (a) to (db), provided that where they fulfil one of the following conditions: (i) they resided in the host State in accordance with Union law the FMOPA before the end of the transition period specified date and continue to reside there thereafter; (ii) they were directly related to a person referred to in points sub-paragraphs (a) to (db) and resided outside the host State before the end of the transition periodspecified date, provided that they fulfil the conditions set out in point fall under sub-paragraphs 2(a) to (2c) of Article 2 3(2) of Directive 2004/38/EC Annex I to the FMOPA at the time they seek residence under this Part in order to join the person referred to in points sub-paragraphs (a) to (db) of this paragraph; (iii) they were are born to, or legally adopted byotherwise become the child of, persons a person referred to in points sub-paragraphs (a) to (db) on or after the end of the transition periodspecified date, whether inside or outside the host State, and fulfil the conditions set out in point provided that they fall under paragraph 2(a) or (2)(cc) of Article 2 3 of Directive 2004/38/EC Annex I to the FMOPA at the time they seek residence under this Part in order to join the person referred to in points sub-paragraphs (a) to (db) of this paragraph and fulfil one paragraph; iv) they become the spouse of the following conditions: – both parents are persons a person referred to in points sub-paragraphs (a) to (d); – one parent is a b) within the period of five years following the specified date, provided they seek residence under this Part in order to join the person referred to in points sub-paragraphs (a) to (db) of this paragraph before the end of that period. (f) persons providing services, to the extent set out in Articles 23 and 24. 2. Family members falling under Article 3(2) of Annex I to the other is a national of the host State; or – one parent is a person referred to in points FMOPA otherwise than under sub-paragraphs (a) to (dc) and has sole of that provision whose admission was facilitated by Switzerland or joint rights of custody of the child, United Kingdom before the specified date in accordance with the applicable rules of family law of a Member State or of the United Kingdomthat provision shall, including applicable rules of private international law under which rights of custody established under the law of a third State are recognised in the Member State or in the United Kingdomsubject to Article 14, in particular as regards the best interests of the child, and without prejudice to the normal operation of such applicable rules of private international law1; (f) family members who resided in the host State in accordance with Articles 12 and 13, Article 16(2) and Articles 17 and 18 of Directive 2004/38/EC before the end of the transition period and continue to reside there thereafter. 2. Persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC whose residence was facilitated by the host State in accordance with its national legislation before the end of the transition period in accordance with Article 3(2) of that Directive shall retain their right of residence in the host State on or after that date in accordance with this Part, provided that they continue to reside in the host State thereafter. 1 The notion national legislation of rights of custody is to be interpreted in accordance with point (9) of Article 2 of Regulation (EC) No 2201/2003. Therefore, it covers rights of custody acquired by judgment, by operation of law Switzerland or by an agreement having legal effectthe United Kingdom respectively. 3. Paragraph 2 shall also apply applies to persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC Annex 1 to the FMOPA otherwise than under sub-paragraphs (a) to (c) of that provision who have applied for facilitation of entry and residence before the end of the transition periodspecified date, and whose residence admission is being facilitated by Switzerland or the host State United Kingdom in accordance with its national legislation thereafteron or after that date. 4. Without prejudice to any right to residence which the persons concerned may have in their own right, the host State shall, in accordance with its national legislation and in accordance with point (b) of Article 3(2) of Directive 2004/38/EC, facilitate entry and residence for the partner with whom the person referred to in points (a) to (d) of paragraph 1 of this Article has a durable relationship, duly attested, where that partner resided outside the host State before the end of the transition period, provided that the relationship was durable before the end of the transition period and continues at the time the partner seeks residence under this Part. 5. In the cases referred to in paragraphs 3 and 4, the host State shall undertake an extensive examination of the personal circumstances of the persons concerned and shall justify any denial of entry or residence to such persons.