13A—(1) For the purposes of an application under Article 13, a person meets the relevant residence requirement if, on the date the application is made—
(a)in the case of an application that is made by virtue of Article 5(1)(ea) (application by holder of Community licence), the applicant is lawfully resident in the United Kingdom and—
(i)is also normally resident in the United Kingdom, or
(ii)has been attending a course of study in the United Kingdom during the period of six months ending on that date;
(b)in the case of an application that is made by virtue of Article 5(1)(f) (application by holder of exchangeable licence), the applicant is normally and lawfully resident in Northern Ireland but has not been so resident for more than the prescribed period;
(c)in the case of an application that is made by virtue of Article 13(2) (application for provisional licence), the applicant is lawfully resident in Northern Ireland and the Department is satisfied that the applicant will remain so for not less than 185 days; and
[F2(d)in any other case, the applicant is lawfully resident in the United Kingdom and—
(i)is also normally resident in Northern Ireland, or
(ii)has been attending a course of study in Northern Ireland during the period of 6 months ending on that date.]
(2) For the purposes of paragraph (1) a person is not lawfully resident in Northern Ireland or the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.]
F1Art. 13A inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 46(4), 75(3); S.I. 2014/1820, art. 2(d)