Visit visas can count towards ten years’ long residence

All visas short of indefinite leave to remain are temporary in nature and require the person to leave the UK upon expiry, so there is nothing especially precarious about a visit visa;

The court found that the question of whether someone who left the UK had a reasonable expectation of return is fact-sensitive. In this case, the Applicant had to leave the UK to make the student visa application, which was then granted. Accordingly, his expectation of returning to the UK had been reasonable.

This decision confirms that time spent in the UK on a visit visa can count towards ten years’ continuous lawful residence. The relevant ten-year period does not have to immediately precede the settlement application.