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10-year lawful residence rule requires 10 years’ lawful residence, says tribunal

10-year lawful residence rule requires 10 years’ lawful residence, says tribunal

If there is no ten years continuous, lawful residence for the purposes of para 276B(i)(a) of the Immigration Rules, an applicant cannot rely on para 276B(v) to argue that any period of overstaying (for the purposes of 276B(i)(a)) should be disregarded. Para 276B(v) involves a freestanding and additional requirement over and above 276B(i)(a).

Hard to understand why this one has been reported as it is clarification no-one else needed. R (Ahmed) v Secretary of State for the Home Department (para 276B – ten years lawful residence) [2019] UKUT 10 (IAC) also includes the novel argument that if permission is granted in an application for judicial review of a clearly unfounded certificate, that is determinative of the case because the grant of permission must mean the case is arguable.

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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