Judicial Review and successfully got ILR (10 years Long Res)

Dear All

Can you please share your experience if you had or anyone you know was;

Awaiting JR (even if at the permission stage) and then withdrew ( because you had completed 10 years) and then went on to successfully get ILR.


I had some advice from the senior members that unless and until the JR is successful, you are classed as an overstayer but there are some members who have either personal experience or they knew someone who had withdrawn their permission for JR or JR and then went on to sucessfully get ILR on the basis of 10 years long residency.

All your posts will be highly appreicated.

Many thanks

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I also needed help over this can anyone help on this unfortunately passenger of same boat.. Not sure about Jr and the outcome..

Plzilr wrote:I also needed help over this can anyone help on this unfortunately passenger of same boat.. Not sure about Jr and the outcome..

I hope it would come in your best interest.

I had 7 months remaining in my 10 years time when my solicitor advised me to go for JR.
Couple of others suggested to go for ILR and hope that by the time the case worker opens the file, it will be the time.

I went for FLR (FP) before the expiry of my last leave and they decided my application within a month after the biometrics, so didn't want to take the chance of applying of for ILR, getting refused and wasting the £1500.

I hope it would come in your best interest.

I had 7 months remaining in my 10 years time when my solicitor advised me to go for JR.
Couple of others suggested to go for ILR and hope that by the time the case worker opens the file, it will be the time.

I went for FLR (FP) before the expiry of my last leave and they decided my application within a month after the biometrics, so didn't want to take the chance of applying of for ILR, getting refused and wasting the £1500.

Hi

So what did you do when your flr refused?

Regards

Plzilr wrote:I also needed help over this can anyone help on this unfortunately passenger of same boat.. Not sure about Jr and the outcome..

Hi, please explain what exactly is your issue? thanks

Hi

So what did you do when your flr refused?

Regards[/quote]


When I got my refusal for FLR (FP) in July 15, I had 7 months remaining in my 10 years time. My solicitor advised me to go for JR.

I had an opportunity to apply for EEA extended family member to complete 10 years but couple of solicitors advised, when you apply for EEA route then you become an overstayer as soon as your current leave expires. I have read couple of things including the Home Office guidance for the 10 years route and case workers are advised to count the time spent under EEA regualtions towards the 10 years route. I am not sure if it also includes the time while your application is still under consideration and hasn't been decided yet.

uhtred wrote:I am not sure if it also includes the time while your application is still under consideration and hasn't been decided yet.

No. Here is where there is a major diversion between the UK Immigration Rules and the EEA Regulations.

Under the UK Immigration Rules, if you have valid leave and you make an application to extend that leave or for a new type of leave under the UK immigration Rules, you are covered under Section 3C for the period that your application is under consideration and your earlier valid leave is considered extended for that period. Therefore for the period that your application is under consideration, you are not considered illegal provided you submitted the application while you had pre-existing valid leave.

Under the EEA Regulations, there is no such provisions. For EEA extended family members, their rights under the EEA Regulations only start from the date they are issued a Residence Card. If their existing leave had expired, they would be considered illegal for the period after their leave had expired but before they were issued the EEA Residence Card.

That would break the 10 year residence route, but if they are holding the EEA Residence Card, they would still qualify for PR under the EEA Regulations on completion of five years, assuming that their EEA sponsor is exercising treaty rights or has attained PR themselves.

@secret.simon

I had applied for my ILR on 13th Feb, which was unfortunately refused. They gave me an option for administrative review, which I filed today.

My current leave expires on 04th March. The AR decision will definitely come after my current leave has expired. I understand that my stay is covered till the AR decision is not declared even though my current leave has expired, but if God forrbid my AR result is negative and I plan to go for a judicial review, then is my stay in the UK covered by 3C once I file for JR ? Can I work after my AR has been refused but I have filed my JR ?

Your guidance is much appreciated.

Thanks

I was going through some odd document on gov.uk and it clearly mentioned that during JR you cannot work.
But I will still wait for moderators and seniors to confirm this.

secret.simon wrote:

uhtred wrote:I am not sure if it also includes the time while your application is still under consideration and hasn't been decided yet.

No. Here is where there is a major diversion between the UK Immigration Rules and the EEA Regulations.

Under the UK Immigration Rules, if you have valid leave and you make an application to extend that leave or for a new type of leave under the UK immigration Rules, you are covered under Section 3C for the period that your application is under consideration and your earlier valid leave is considered extended for that period. Therefore for the period that your application is under consideration, you are not considered illegal provided you submitted the application while you had pre-existing valid leave.

Under the EEA Regulations, there is no such provisions. For EEA extended family members, their rights under the EEA Regulations only start from the date they are issued a Residence Card. If their existing leave had expired, they would be considered illegal for the period after their leave had expired but before they were issued the EEA Residence Card.

That would break the 10 year residence route, but if they are holding the EEA Residence Card, they would still qualify for PR under the EEA Regulations on completion of five years, assuming that their EEA sponsor is exercising treaty rights or has attained PR themselves.

In my humble opinion 'illegal' is a harsh term; can we say they will be 'overstayer.' Illegal means you are done and have no hope while 'overstayer', there might be some hope. (you guys know better than me)

AML2015 wrote:@secret.simon

I had applied for my ILR on 13th Feb, which was unfortunately refused. They gave me an option for administrative review, which I filed today.

My current leave expires on 04th March. The AR decision will definitely come after my current leave has expired. I understand that my stay is covered till the AR decision is not declared even though my current leave has expired, but if God forrbid my AR result is negative and I plan to go for a judicial review, then is my stay in the UK covered by 3C once I file for JR ? Can I work after my AR has been refused but I have filed my JR ?

Your guidance is much appreciated.

Thanks

According to my limited knowledge when you start your JR, you become an overstayer and once you are an overstayer then you lose your right to work and may be to NHS. I am not 100% sure about AR; may be moderators can throw some light on it.

I think after ILR there is no other option which can quickly lead to a settlement; it's unfortunate what happened with you and many others like us; when you are almost there and then you have a refusal.
I would strongly recommed to get a really good solicitor and then then go for JR, in case your AR is unsuccessful (am I right? Moderators!) . It might cost you some more but start your search now and by the time you have AR, you should be ready to make the decision.

Also can you please share the reasons for refusal; may be the members here can help you.

secret.simon wrote:

uhtred wrote:I am not sure if it also includes the time while your application is still under consideration and hasn't been decided yet.

No. Here is where there is a major diversion between the UK Immigration Rules and the EEA Regulations.

Under the UK Immigration Rules, if you have valid leave and you make an application to extend that leave or for a new type of leave under the UK immigration Rules, you are covered under Section 3C for the period that your application is under consideration and your earlier valid leave is considered extended for that period. Therefore for the period that your application is under consideration, you are not considered illegal provided you submitted the application while you had pre-existing valid leave.

Under the EEA Regulations, there is no such provisions. For EEA extended family members, their rights under the EEA Regulations only start from the date they are issued a Residence Card. If their existing leave had expired, they would be considered illegal for the period after their leave had expired but before they were issued the EEA Residence Card.

That would break the 10 year residence route, but if they are holding the EEA Residence Card, they would still qualify for PR under the EEA Regulations on completion of five years, assuming that their EEA sponsor is exercising treaty rights or has attained PR themselves.

hi
agree with you , also i believe even after AR reply if your visa is expired you can apply within 28 days in any category and as long as your application is with HO for decision you are legal ,as per 1973 section 3

My Ilr refused on tax issue althoug I sent ammendment to hmrc and had the documnets at hand but the case worker didnt asked me and give me refusal at hand charging me with 322(2) and 325 .