UTIAC Paragraph 134 of the Immigration Rules provides for indefinite leave to be granted to a work permit holder who has spent ‘a continuous period of 5 years lawfully in the UK’ in that capacity. Unlike the ‘long residence rule’ at paras 276A-D, no definition of this requirement is given in HC 395, and there is currently no guidance to be had from the Immigration Directorates’ Instructions. However, ‘a continuous period’must be construed sensibly, so as to allow periods of absence abroad. Where such absence has been required by the appellant’s employer in the course of his work permit employment, it need not impair the strength of connexion to the United Kingdom which is normally established by five years’ residence.
Judges:
Cranston J, McKee SIJ
Citations:
[2010] UKUT 418 (IAC)
Links:
Statutes:
Jurisdiction:
England and Wales
Immigration
Updated: 19 September 2022; Ref: scu.444060
