JR and ILR

[smarty191]

HI All,

Can I apply for ILR whilst my JR is in process and before the hearing date, I completed 10 years.

[Amber]

Do you actually have valid leave?

[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

[Amber]

See also, Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC)

[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??

[Amber]

No, if you haven't got valid leave.

[smarty191]

@Amber....If have not got valid leave. One more point, If JR is successful than all this period will count or not??

[Amber]

It may, do read the case I posted below.