Reply To: How long is temporary?


The concept was considered in CSIS/100/1993 and again in CIS/14850/1996.

The Commissioners in both cases held that “normally residing” had connotations of permanence, although it was not possible to list all the factors that had to be taken into account, it was a matter of fact and degree.

They did agree that the length of time the person resided with the claimant may be a factor to be taken into account but it was not conclusive.

Marchant was essentially concerned with occupiers who were also asked to be considered members of the claimants household. I dont think Marchant can be applied to non deps who by definition are not members of the claimants household.

I have never understood the inherently contraditcory notion that a non dep can reside with the claimant but his normal home is elsewhere as again by defintion, that person is not a non dep in that he would not be “normally residing” with the claimant.

The intentions of the parties when residence was taken up will also be relevant.

For what its worth, I dont think that the people in the case we are discussing are non deps and I would be confident to represent them at a Tribunal if they were my clients.