10 YEARS RESIDENCY OR TIER 1 DEPENDANT

[sisieko]

10 YEARS RESIDENCY OR TIER 1 DEPENDANT

My friend applied for a Tier 4 visa in April 2012 and it was returned as invalid. She then appealed for a JR which was refused twice.

She has another appeal with the upper tribunal shortly but wants to withdraw it and apply for ILR which she completed in August 2012.

Her husband has a Tier 1 General visa.

Can she apply for ILR based on long residence or as a dependant on her husband’s Tier 1 visa before the appeal hearing?

Is she covered by section 3C even if the original Tier 4 application was returned as invalid in April 2012?

[Amber]

When she was given the notice of invalid application did she have valid leave? Was the subsequent application made within 28 days of the refusal?

[sisieko]

No she did not and no subsequent application has been made since. She's just appealed the decision of invalidity.

[Amber]

I'm confused why you are saying judicial review?

[sisieko]

She's asked for a judicial review because she was not given a right of appeal.

[Amber]

So what's with the upper tribunal?

[sisieko]

Do pardon me. Not upper tribunal but court of appeal.

[Amber]

Ok, so the Court of Appeal, is that's following judicial review or an appeal to the upper tribunal?

[sisieko]

Following the Judicial Review.

[Amber]

section 3C doesn't cover JR. If you are not successful with JR it will mean that you've been an overstayer since your leave expired/appeal was determined, whichever is later.

[sisieko]

Thanks for your response. So does that mean she can't apply for ILR or tier 1 dependant?

[sisieko]

Can someone please respond to my question?
It will be most appreciated as time is running out.

Thanks in anticipation.

[Amber]

If she doesn't have valid leave or leave that expired 28 days or less ago, no. She ought to seek legal advice.