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ARTICLE · 03 AUGUST 2021

Visit Visas And 10 Years Long Residence ILR

Richmond Chambers Immigration Barristers
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The 10 years long residence route to indefinite leave to remain (ILR) provides a route to settlement based on continuous lawful residence in the UK for a period of 10 years.

United KingdomImmigration
Stefania Patuto
Stefania Patuto

The 10 years long residence route to indefinite leave to remain (ILR) provides a route to settlement based on continuous lawful residence in the UK for a period of 10 years. This post provides an update in the case law addressing continuous lawful residence requirement for 10 year long residence ILR in light of the case of R (Mungur) v Secretary of State for the Home Department [2021] EWCA Civ 1076. Specifically the court considered whether time spent in the UK as a visitor would count towards 10 years continuous residence.

Definition of continuous residence

Paragraph 276A of the Immigration Rules confirms that 'continuous residence' for the purposes of paragraphs 276B to 276D and 276ADE and 399A is

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