JR and long residency

Hi All,

Do we qualify for 10y long residency if it happened during JR process.

I think I asked a very hard question?? Whole day no reply.

@ smarty191, technically yes JR could count towards 10yrs long residency if you win.

Thanks for your reply Ola.

My question is during the process, mean before the hearing if one complete10y. Then send the ILR, and withdraw the JR. Any idea?

according to my understanding judicial review is administered or applied for in a situation when
one already has a valid leave(visa refused with no right of appeal because current visa valid)
a leave is expired with no right of appeal(with whatever reasons)

lodging an in time appeal extends a leave so do 3C and 3D, a countable time towards 10 years provision while judicial review in above mentioned scenarios will not(I guess)because one dose not have a right of appeal at the time of lodging a JR, so completing 10 years when no leave is out of question.
one and only thing validates or could validate it, is the winning because by winning one proves the decision to refuse this application was wrong an applicant had to apply for JD having no right of appeal.

@ smarty191, you should not make the mistake of withdrawing JR because that will make your subsequent application to be refuse as HO will quote that you have overstayed for more than 28days.

So, best option is to wait for JR decision before applying for ILR.

Thank You guys. Appreciate your help.

there is a lot of confusion whether JR is counted towards 10 years or not....luckily I am in the best position to give you an answer since yesterday thankfully through experience.
my friend had applied for JR, he was waiting for his hearing of JR which took 8 months, just before the hearing at JR, his 10 years got completed and he withdraw his JR application. he then applied 10 years long residency after receiving withdrawal letter from court. HE GOT HIS VISA YESTERDAY IN LESS THEN 2 MONTHS AFTER BIOMATRICS,. he have been in court for more then 2 years and had exhausted all his appeal rights as well.
Even many solicitors are confused about this point since I had asked mine and he was not quite sure.
good luck to everyone

Dear Pakhtoon
If I understand your post right, friend of yours lodged his 1st appeal that for whatever reasons went unsuccessful then he lodged his appeal to upper tribunal that went in vain too he then went for JR that before the hearing that he withdrew and applied for ILR successfully.

so notable point and question is, after his both appeals being on JR he was still considered continuing towards 10 years completion?

yessss and that's what amazing. because most people think that's time spent under JR is not counted towards 10 year long residency. however my friend withdrew his application for JR just a week before hearing because his 10 years just got completed. so he actually spent 8 months or so while waiting for JR hearing. His ILR was approved yesterday.

thanks pakhtoon

wow its a good news for many in the same situation

Pakhtoon if you know someone(AS YOU MENTIONED) got ILR BEFORE JR hearing, then why not shown the case of your friend to your solicitor.

I know two leading lawyers, one said Yes and other one said No. But tecnically like Ola said its Yes, because it is a chain of legal process, which ILR is based on.

Further information holders are welcome to share their knowledge.

Smarty, as I mentioned , my friend got ILR only this week while I discussed it with my solicitor 2 weeks ago. first he said its not counted but when I said my friend already applied through xyz solicitor then he said yes there is precedent and it can be counted.
so it means even he was not too sure, however when I meet him again, I will let him know that my friend got ILR,
The best thing is that he got it in less then 2 months after bio...good luck to everyone.

Hi Pakhtoon77,

Hope you are Good man. It is no doubt a very big news.

If possible, Could you plz pass me the details of his solicitor, who helped him to get the ILR, when his JR was in process.

Will be very helpful mate.

Thank you

smarty191

I will share my knowledge about this problem as well.

I have applied for JR as i dont have right of appeal. I met with many lawyers in london and manchester as i am from manchester. My understanding is that, once you applied for JR. If you JR will be accepted for hearing than your 3C will be countinued again. If High court will not accept your JR for hearing than your time period will not count towards 10 years.

If you dont understand i will try to explain it again. People who applied for JR know the process of JR. Like PAP and than Highcourt. When you apply for JR with ground, high court forward it to Treasury Solicitors (UKBA Solicitor). After that Treasury solicitor has to reply for the grounds. Now a days TS is not replying. Lets say if they reply to your grounds and then judge will analyze whther your case is strong enough for hearing or not or UKBA case is strong. If high court will write that they will give you date for hearing. That is the time when your 3c will be active again . then you can apply for 10 years ILR and withdraw your appeal from high court.

Guys this is my understand, as i have met with 25 different companies when i have applied for JR. If i am wrong please dont mind. Thanks.

@sohaisarwar1.

Thanks for your information you shared with us.

Temporary immigration team who are dealing with Entrepreneur applications have been given the task to reject most of the applications on silly reasons, and refusing applications on assumptions. They are playing a game now, and they are not showing any reflection of professionalism and standard they obliged to do so.

In many applications, they are making 4 to 5 silly reasons to refuse visa, even though one fulfilling the exact criteria given in policy guidance. Here is my question is how the JR judges know that the applications are fulfilling the points required and refused only on assumptions that case worker is not satisfied.

And the tricky point which I am trying to explain is because of 4 to 5 silly reasons, Judge may refuse to allocate hearing date for JR proceeding.

Please share your knowledge.

pakhtoon77 wrote:Smarty, as I mentioned , my friend got ILR only this week while I discussed it with my solicitor 2 weeks ago. first he said its not counted but when I said my friend already applied through xyz solicitor then he said yes there is precedent and it can be counted.
so it means even he was not too sure, however when I meet him again, I will let him know that my friend got ILR,
The best thing is that he got it in less then 2 months after bio...good luck to everyone.

Hello Paktoon,

I have filed a JR, supporting documents and waiting for judge decisions, as I understand if refused we have 7 days to file oral hearing, in the mean time my 10 years complete. Can i file ILR 10 Long residence application and get one?

I need to contact you and your solicitor...

thanks

hello pakhtoon77

I am also in the same situation . Can u please tell me which solicitor process this. it would be nice of you if can help me by telling your solicitor name ..

UKSETLR wrote:hello pakhtoon77

I am also in the same situation . Can u please tell me which solicitor process this. it would be nice of you if can help me by telling your solicitor name ..

Forum members are not permitted to post solicitor details publicly. Any such information will be deleted and the user warned.

pakhtoon77 wrote:then he said yes there is precedent and it can be counted.

It would be helpful if he can give us more details of the precedent.

Hi Pakhtoon thanks for sharing such useful information .. I am somehow in same situation but bit more complicated and not very positive.. Can I contact you directly if possible as need some more details.. So if u can contact me on

xxxxxxxxxxxxxxxxxxxxxxx

Thanks

gini wrote:Hi Pakhtoon thanks for sharing such useful information .. I am somehow in same situation but bit more complicated and not very positive.. Can I contact you directly if possible as need some more details.. So if u can contact me on

xxxxxxxxxxxxxxxxxxxxxxx

Thanks

This is a public internet forum - keep it public, post in public so all may benefit.

@paktoon77
hi dear i need some information &help from u on 10 years visa im in the process of jr got refused oral hearing & now in process of court of appeal and my dependent is in his 10th year of residence can he apply ilr on 10 years basis or not

Member in question last visited community 10 months ago.
S/he only seems to have reported a friend's single experience which you can read about in earlier post.

Suggest post own question in own topic.