Successful Challenge to Refusal of Indefinite Leave to Remain in TOEIC Case

An applicant successfully contested a refusal to grant indefinite leave to remain (ILR) because the Home Office claimed he failed to meet the continuous residence requirement. The refusal was based on alleged gaps in his residence history during his qualifying period.

Background

The applicant had applied for indefinite leave to remain, demonstrating the required period of continuous residence in the UK. The Home Office rejected the application, arguing that the continuous residence condition was not satisfied due to interruptions.

The Challenge

The challenge focused on clarifying the evidence of residence and disputing the Home Office’s interpretation of the rules regarding continuous residence. The applicant's representatives argued that the gaps cited were either not substantial enough to break continuous residence or were incorrectly assessed.

Outcome

The tribunal found in favor of the applicant, ruling that the refusal was unjustified. It confirmed that the applicant had indeed fulfilled the continuous residence requirement, and thus was entitled to indefinite leave to remain.

“The applicant’s presence in the UK was sufficient in length and continuity to meet the threshold required for indefinite leave.”

Significance

This case highlights the importance of careful interpretation of continuous residence criteria in immigration cases. It also underscores the value of challenging refusals when evidence supports an applicant’s compliance with the legal requirements.

The case demonstrates that strict refusals based on disputed residence gaps can be overturned with proper legal argumentation and evidence presentation.

Free Movement — 2025-12-01