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JR and ILR
Posted: Sat Apr 05, 2014 10:31 am
by smarty191
HI All,
Can I apply for ILR whilst my JR is in process and before the hearing date, I completed 10 years.
Re: JR and ILR
Posted: Sat Apr 05, 2014 10:58 am
by Amber
Do you actually have valid leave?
Re: JR and ILR
Posted: Sat Apr 05, 2014 7:42 pm
by sagareva
[quote="smarty191"]HI All,
Can I apply for ILR whilst my JR is in process and before the hearing date, I completed 10 years.[/quote]
probably not, if you do not have a valid leave
jr does not give you a 3c leave, no does it extend it. but if you prevail in jr to the point that initial decision is declared invalid, you then retroactively gain 3c leave. at that point, the decision goes back to HO for reconsideration, your application'll be pending again and at that moment you can perhaps vary it to long residence
Re: JR and ILR
Posted: Sat Apr 05, 2014 7:52 pm
by Amber
Re: JR and ILR
Posted: Sun Apr 06, 2014 5:55 pm
by smarty191
I understand when you are on JR, you are not covered by 3c, but 10y long residency required someone who must be in the country legally in any category, and JR process is a part of a legal proceeding. And during the JR, one has a legal status in the country??
Re: JR and ILR
Posted: Sun Apr 06, 2014 6:50 pm
by Amber
No, if you haven't got valid leave.
Re: JR and ILR
Posted: Sun Apr 06, 2014 9:24 pm
by smarty191
@Amber....If have not got valid leave. One more point, If JR is successful than all this period will count or not??
Re: JR and ILR
Posted: Mon Apr 07, 2014 12:34 am
by Amber
It may, do read the case I posted below.