Gherson Succeeds in Reconsideration Appeal On Behalf Of An Appellant Seeking Indefinite Leave to Remain On The Basis Of Lawful Long Residence

Our client, who had been present in the UK since 1997 as a student, made an application to the UK Border Agency for Indefinite Leave to Remain on the basis of the 10 year lawful residence rule. The UK Border Agency refused to grant our client Indefinite Leave to Remain on the basis that: there was a break in the continuity of residence, a period of time when our client had delayed activating leave to enter due to arriving in the UK on a date after the grant of the leave to enter, and also because the UK Border Agency determined that each time our client left and re-entered the UK fresh leave was granted which was not to be classed as continuation of residence.

The Immigration Judge who heard the appeal at first instance accepted the entirety of our client’s account, but found that due to the 3 periods identified above, our client could not meet the Rules. Therefore, the appeal was dismissed.

After successfully applying for an Order for Reconsideration, the Senior Immigration Judges canvassed the reported case of TT (2008) UKAIT 00038, which confirmed that a period of continuous residence is not broken where a person who has leave to remain in the UK obtains further leave from an Entry Clearance Officer whilst temporarily outside the UK before his/her leave to remain expires. This reading of 276A is, of course, subject to the 5 particular circumstances set out in paragraph 276A(a) (i)-(v).

The Senior Immigration Judges therefore disagreed with the first Immigration Judge’s interpretation of the Rule and allowed our clients appeal.

Gherson has particular expertise in handling applications and appeals under the Long Residence provisions.