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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.