May 30, 2013 12:00
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Comments 36
Technically, the right-to-reside test is applied to everyone, it's just that British citizenship gives an automatic pass.
Also, the article refers to the 'resident' test - I'm not sure if it just means the R2R part, or the other part of the full residence test which is that of 'habitual residence'.
Both parts are applied to everyone, and it is possible for British citizens to fail the hab res part.
I'm wondering whether the article is imprecise, and what the challenge is actually going to be.
It will be interesting to see the decision...
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