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Recent Changes ® Long Residence: Definition of 'Continuous Residence' (9th September 2008)

Following a successful challenge to the UK Border Agency policy on Long Residence (indefinite leave to remain applications after 10 and 14 years of residence in the UK) in TT v The Secretary of State for Home Department [2008] UKAIT 38, the meaning of 'continuous residence' ® a condition required to establish Long Residence - has been given itês original interpretation.

According to this interpretation, 'continuous residence' is not considered to be broken if an applicant had valid leave on the date he departed the UK and valid leave on the date that he re-entered the UK. The term existing leave no longer equates to the same leave. As a result: firstly, there is no need to show that leave (immigration permission) upon departure and leave upon return is the same; and, secondly, continuous residence is not broken when the applicant is able to demonstrate that on both occasions he has valid leave. It must be emphasised, however, that the applicant must have valid leave on both occasions: on the date of their departure from the UK and when they re-enter.

Continuous lawful residence in 10 year long residence applications for indefinite leave to remain is not broken if the applicant has a gap in leave whilst they were outside the UK. However, any gaps in valid leave while the applicant is in the UK constitute a breach of continuous lawful residence.