In R v Barnet LBC ex parte Shah [1983] 2 AC 309, the House of Lords held that "ordinarily resident refers to a man's abode in a particular place or country which he has adopted voluntarily and for settled purposes as part of the regular order of his life for the time being, whether of short or of long duration". The residence has to be lawful e.g. not in breach of the immigration laws. Temporary absences of short duration do not normally discontinue ordinary residence and it is possible to be ordinarily resident in two countries at the same time. It is not necessary to determine what the long term plans or intentions of a person are. The concept of "ordinary residence" is different from "habitual residence" which is used to determine a person's entitlement to certain benefits. Although this case was concerned with the meaning of "ordinarily resident" in relation to the Education Acts it is generally recognised as having a wider application, for example in relation to immigration and nationality legislation.
