Section 97A — Road Traffic Act 1988: Residence requirement

Residence requirement 97A 1 For the purposes of an application under section 97, 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 section 89(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 section 89(1)(f) (application by holder of exchangeable licence), the applicant is normally and lawfully resident in Great Britain 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 section 97(2) (application for provisional licence), the applicant is lawfully resident in Great Britain and the Secretary of State is satisfied that the applicant will remain so for not less than 185 days;

and d in any other case, the applicant is lawfully resident in the United Kingdom and—

i is also normally resident in Great Britain, or ii has been attending a course of study in Great Britain during the period of 6 months ending on that date.

2 For the purposes of subsection (1) a person is not lawfully resident in Great Britain or the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.