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TK Legal
TK Legal, Solicitor
Category: Immigration Law
Satisfied Customers: 241
Experience:  LLB, MCIArb
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Is someone decides to live and work on a visitors visa. Are

Customer Question

Is someone decides to live and work on a visitors visa. Are they considered habitually resident in that country?
Submitted: 18 days ago.
Category: Immigration Law
Expert:  Lawyer21 replied 18 days ago.

Hi How can I help?

Expert:  Lawyer21 replied 18 days ago.

I will read your question and respond

Customer: replied 18 days ago.
please do
Expert:  Lawyer21 replied 18 days ago.

Are you referring to the UK?

Customer: replied 18 days ago.
No Asia
Expert:  Lawyer21 replied 18 days ago.

Sorry you will need to mark the category as Asia Immigration law. I will opt out

Customer: replied 18 days ago.
Ok,
Expert:  TK Legal replied 18 days ago.
Hello dear! They are not as they are on temporary visa and they intend to return to their home country. I hope that helps.
Customer: replied 18 days ago.
What if the visa is continually renewed? Perhaps even 10 years
Expert:  TK Legal replied 18 days ago.

To pass the Habitual Residence Test you must show a ‘settled intention’ to stay in that country. If the visa is renewed and you remain there and start working, then you might be considered to have habitual residence in that country. It will depend on many factors:

• The facts and nature of a person’s residence are what should be considered; not their legal rights;

• Habitual residence implies someone has made or is making a settled home;

• There is no requirement for someone to only have one home but the home you are considering must be genuine for the time being;

• The length, continuity and general nature of where someone lives is more important than his or her future intentions;

• A person should have lived somewhere for an appreciable period of time but how long this is must not be defined. It might have a different meaning in different cases;

• A person should be able to show a stable pattern of residence.