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Court of Appeal case on effect of break in dependency on permanent right to reside

Ros
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editor, rightsnet.org.uk

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In an immigration case, ‘Secretary of State for the Home Department v Ojo’, Court of Appeal overturns UT decision that a break of less than six months in Mrs Ojo’s dependency on her EEA national mother did not interrupt her residence so as to prevent her from acquiring a permanent right to reside -

http://www.bailii.org/ew/cases/EWCA/Civ/2015/1301.html

 

Brian JB
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Advisor - Wirral Welfare Rights Unit, Birkenhead

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I noticed that this case has been cited by Judge Ward in [2019] UKUT 271 (AAC) in deciding that gaps in “legal residence” break the continuity of the 5 years continuous legal residence required to acquire a permanent right to reside, contrary to [2017] UKUT 0255 (AAC).

I have a case where there are three breaks for which we could not evidence what had actually happened (the client, regrettably, thought she did not have to attend the hearing despite being told the opposite) - the longest was 11 days (between the end of an ESA claim and the first day of full time work).

Has anyone had recent experience of arguing that small breaks in the 5 year period should be ignored if de minimis; or that [2017] UKUT 0255 (AAC) was followed without reference to Ojo; or Ojo cited to rule out ignoring any breaks?