Index card R (Mungur) v Secretary of State for the Home Department

R (Mungur) v Secretary of State for the Home Department

Hearings

England & Wales

15 Jul 2021 [2021] EWCA Civ 1076; [2021] 4 WLR 105; [2021] WLR(D) 393, CA (Nicola Davies, Stuart-Smith LJJ, Sir Patrick Elias)

Subject Matter

IMMIGRATION — Leave to remain — Indefinite leave — Claimant initially entering United Kingdom on visitor’s visa — Claimant subsequently leaving UK and re-entering on student visa — Claimant seeking indefinite leave to remain in United Kingdom on grounds of ten years’ continuous residence — Whether period of residence on visitor’s visa to be excluded from calculation of “continuous residence” — Whether claimant having reasonable expectation at time of leaving that he would lawfully be able to return — Immigration Rules, para 276A(a)(iii)

[2021] EWCA Civ 1076; [2021] 4 WLR 105; [2021] WLR(D) 393, CA

Commentary

Free Movement
Visit visas can count towards ten years’ long residence Case comment

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