“and

(a)

does not have a right to reside in the United Kingdom; or

(b)

has a right to reside in the United Kingdom by virtue of—

(i)

regulation 15A(1) of the Immigration (European Economic Area) Regulations 20066, but only in a case where the right exists under that regulation because the person satisfies the criteria in regulation 15A(4A) of those Regulations; or

(ii)

Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).”.