Will JR break long residency

[foziakhanuk]

can you kindly advice me regarding indefinite leave to remain.....

My husband entered UK on 21 November 2003 as student and remained student until November 2011 (no GAP)then he changed his status as my dependent which was refused (i also came student entered UK April 2008) but later he won case from First tier tribunal based on Article 8 November 2011 to switch as my dependant.he could not get stamped visa and in the mean time I applied for PSW (post study work) on 4th April 2012 and application was rejected September 2012 and then we went to First tier tribunal we lost the case.i could not get permission for hearing to Upper tribunal last UTT decision 24th APRIL 2013.Then we sent our application for JR which was applied by our solicitor out of time on 31st May 2013.The decision from High court came on 16th July 2013 which was dismissed.My solicitor did not inform me regarding my case i came to know from High court on 21st August 2013.

i sent out of time appeal against( JR and time extension) decision to the court of appeal and my case is on hold until (28 janurary 2014 awaiting court of appeal decision in another case)

My question is that can my husband apply for indefinite leave to remain as on 21st November 2013 his 10 years will be completed fully?

or i have to wait until 28 January 2014 court of appeal hearing ?if i wait what benefit can we get?

is there any break on section 3c and 3d due to High court decision dismiss JR against upper tribunal.However,court of appeal has hold my case until 28 January 2014.

what type of break is in Long residency is it partially break like only JR period time(May 2013 till 10 September 2013) or it has it been fully broken?

i will be very thankful to you

[vinny]

Why have you deleted your previous posts that had responses?

Normally , your status remains same as it was when you made your last application and until you exhaust your legal remedies.

I would recommend you to higher a top barrister for your case .

Does JR will break my husband long residency???

JR does not extend leave through section 3c like an appeal. It acts retro actively based on outcome. So neither you or your husband have lawful leave at the moment. If your JR is successful then you will have leave. I would wait for the outcome of the JR.

I believe that quantum1 is correct.