Discussion
The Construction Ground
23. In BD the Tribunal construed the phrase “continuous period of five years’ lawfully in the UK” which is of course the same phrase as that appearing at paragraph 245AAA(a). Mr Buley made the point in passing that that is not exactly the phrase to be found in paragraph 245CD but he did not seek to attach any significance to it. There was no definition in the phrase in the version of the Immigration Rules considered by the Upper Tribunal in BD , but we have now the definition in paragraph 245AAA, as set out above. Given that we now have that definition, I consider that limited assistance at best can be derived from BD . To an extent though it may be said that paragraph 245AAA(a) must take its colour from paragraph 245CD, which is in many respects a parent provision, and that refers at (c) to the requirement that the applicant must have spent a continuous period as specified in (d) which then takes one on to the definition in 245AAA(a). That might be said to hint that what is in issue at least in part is time spent in the United Kingdom, in a particular category as set out in sub-paragraphs to 245CD(c). 24. Mr Buley argued that the word “residence” has to be taken in its ordinary meaning as being a person’s home or base. I do not think much if any assistance can be derived from Shah . It was concerned with the meaning of the term “ordinary residence” in the context, as noted above, of local education authority education awards. There is the obiter remark by Lord Warrington in