The meaning of “residence” for indefinite leave to remain applications

In the case of R (Nesiama & Ors) v Secretary of State for the Home Department [2018] EWCA Civ 1369, the Court of Appeal found that “residence” in the UK means “physical presence”, such that continuous residence in an application for indefinite leave to remain may be broken by too many absences from the country, irrespective of other factors such as owning property, maintaining a home, paying taxes or other private and family connections in Britain. Absences may, therefore, prevent a person from acquiring indefinite leave to remain, even when their “home”, or “residence” on a more common sense understanding of that term, may very well be in the UK. Continuous…

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