Stephanie Woodland commented, 17 January 2023 13:52

Hi Steve Hewitt I found this regarding the "ordinarily resident" assessing ordinary residence (publishing.service.gov.uk) It states "The term ordinary residence is not defined in the immigration or nationality acts and  has not been defined in any Act of Parliament. The leading case in this area is R v  Barnet LBC ex parte Shah [1983] 1 All ER 226. The House of Lords found that the  concept of ordinary residence implied: • ordinary residence is established if there is a regular habitual mode of life in a  particular place for the time being, whether of short or long duration, the  continuity of which has persisted apart from temporary or occasional absences, residence must be both: o voluntary  o adopted for a settled purpose • a person can be ordinarily resident in more than one country at the same time,  distinguishing it from domiciled • ordinary residence is proven more by objective evidence than evidence of an  individual’s state of mind at a point in time" "Residence in a territory for most of the purposes for which people can enter is  capable of constituting ordinary residence. In particular, lawful residence in the  following categories is likely to constitute ordinary residence: • entry for settlement • employment • business • self-employment • study • retired persons • working holidaymakers" "A person may become ordinarily resident on arrival, and probably will if entering the  territory for settlement or one of the purposes leading to settlement. It is possible for  a person initially entering for a temporary purpose not constituting ordinary  residence, to become ordinarily resident through a change in the quality and purpose  of the residence. Where it is not possible to establish the date on which a person  became ordinarily resident, it may be reasonable to treat them as having been  ordinarily resident from the date of their arrival" Based on this assessment a learner on a tier 4 visa would qualify as ordinarily resident in addition to those who moved to the graduate visa.  I believe this will help a lot of Tier 4/Graduate visa/non uk-nationals on different types of visas who want to enter apprenticeships after 3 years in the UK.  Would love to know your thoughts.

1. Visa Eligibility

Hi Steve Hewitt I found this regarding the "ordinarily resident" assessing ordinary residence (publishing.service.gov.uk) It states "The term ordinary residence is not defined in the immigration or...