TNAG-2205-FCO40-3162-Immigration-policy-changes-to-rules-1990 — Page 45

PARLIAMENTARY UNDER SECRETARY OF STATE

Div

19e35/90"

Our Ref: IMP LI63925/2 (5)

341/1 HKD

RECEIVED IN DECISTRY

19 SEP 1990

pa. Immig.

HOME OFFICE

QUEEN ANNE'S GATE

LONDON SWIH 9AT

t

17 SEP 1990-

DESK OFFICER

108DEX

REGISTMŸ

PA

Action Taker.

Thank you for your letter of 18 July, with the enclosed, on behalf of Mr and Mrs Leung of 161 Chatsworth Road, London NW2 who wish to have their indefinite leave to remain in the United Kingdom re-instated, having recently been admitted as visitors.

The

The Immigration Rules as they relate to returning residents were slightly amended as from 1 May this year to make explicit the requirement that a person can only qualify for admission as a returning resident if he is indeed seeking admission for settlement. There is nothing new about this. Paragraph 58 of the Rules provides for people "to be admitted for settlement" and it is self-evident that a person cannot be admitted for settlement under this or any other provision of the Rules if he does not intend to settle. "Settled" is defined by the Immigration Act 1971 in terms of ordinary residence; and this in turn has been interpreted by the courts to mean that the person must be habitually and normally resident here, apart from temporary or occasional absences of short duration. Rules relating to returning residents, as the phrase itself implies, are intended to allow persons resident in this country to resume their residence after an absence of up to two years: they are not intended to enable people resident overseas to maintain settled status in the United Kingdom by paying short visits to this country once every two years. This issue was considered at some length by the High Court in ex parte Tolba in 1987, which is the leading judicial authority on the rules relating to returning residents. Court concluded that a person could only qualify as a returning resident if he sought to settle here, and that it was for the applicant to satisfy the immigration officer that he qualified for admission in this way.

The

The Rt Hon Earl of Listowel GCMG

/When Mr and

Page 45Page 46