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Judicial review

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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Vigoscruz
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Posts: 2
Joined: Sat May 26, 2018 12:32 am
United Kingdom

Judicial review

Post by Vigoscruz » Mon May 28, 2018 4:43 pm

Hi everyone,
Just need an urgent opinion or thought about my husband's case.
He has been in the UK for 9 years and 6months now on tier 4 with no gap. But after 8years before the student visa expires he applied for FLR under private and family life (two children born in the UK 3 years and 1year old and as the wife I am currently on tier 4 at degree level). Before he put in for the claim I was 6 months pregnant with my second child and was use as exceptional circumstance.But it was refused last month after 15months of waiting and claim was certified as clearly unfounded. Solicitor adviced to go for judiciary review. PAP was sent for HO to reconsider giving in country appeal but they replied and maintain their decision.
Will the court grant permission for hearing?
Is there any other option to Maintain the 10 years continuous stay to get ILR?

Moderators your option will be appreciated thanks

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CR001
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Re: Judicial review

Post by CR001 » Tue May 29, 2018 11:47 am

Is there any other option to Maintain the 10 years continuous stay to get ILR?
Judicial Review is a process outside the Immigration Rules. He would need the JR to be successful for the period of overstay to be ignored. He has no legal status in the UK now as his visa has expired a long time ago.

Note, always useful to post the full UK immigration history including visa start and end dates and dates of applications sent and outcome of applications.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Vigoscruz
Newly Registered
Posts: 2
Joined: Sat May 26, 2018 12:32 am
United Kingdom

Re: Judicial review

Post by Vigoscruz » Tue May 29, 2018 3:15 pm

CR001 wrote:
Tue May 29, 2018 11:47 am
Is there any other option to Maintain the 10 years continuous stay to get ILR?
Judicial Review is a process outside the Immigration Rules. He would need the JR to be successful for the period of overstay to be ignored. He has no legal status in the UK now as his visa has expired a long time ago.

Note, always useful to post the full UK immigration history including visa start and end dates and dates of applications sent and outcome of applications.
Thanks for the response. He arrived UK 2008 and has been on tier 4 category and kept extending until 2017 with no issues or gap. He decided to put in for private and family life FLR before the expiration of the last tier 4 visa. Which was just refused last month.

Do you think he has any good chance for judicial review to be successful?

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