Post
by JOHFR2014 » Tue Dec 02, 2014 9:17 pm
JOHFR2014 wrote:
Good evening my able members, i need your urgent help, i came to UK on Jun 2005 on student visa then changed to PSW until JUN 2013 since then I have been on 3c and 3d and presently i need to go for JUDICIAL REVIEW based on FLR(FP) based on 7year rule/private life which was refused recently without right of appeal. We are planning to go for judicial review. We applied as a couple ,two of my children who were born abroad have lIved continuously in UK for more than 7 years as at the time the FLR(FP)application was submitted. MY WIFE HAS LIVED CONTINUOUSLY IN UK FOR 8 YEARS
My main query are:
1 CAN I INCLUDED THE PERIOD OF JUDICIAL REVIEW TO MY 10 YEAR LEGAL STAY IN UK?
2 DO I STILL HAVE RIGHT TO WORK DURING JUDICIAL REVIEW PROCESS?
3 IF THE ANSWER TO QUESTION 2 IS NO, CAN ANYTHING BE DONE TO MAKE IT YES,POSSIBLY THROUGH COURT RULING/DECISION
4 WHAT CAN BE DONE IN FUTURE WHILE JUDICIAL REVIEW PROCESS IS GOING ON TO POSSIBLY APPLY FOR ANOTHER VISA FOR 10 YEAR LONG RESIDENCE VISA?
5 WHAT CAN BE DONE DURING JUDICIAL REVIEW PROCESS TO POSSIBLY APPLY FOR ANOTHER VISA FOR MY DEPENDANTS?
many thanks,your urgent reply will be highly appreciated
Hello JOHFR2014,
to answer your questions;
1) yes you can include the period of JR to your 10 years legal stay in the UK, this is covered by 3c ....if you have been given right of appeal
2) i don't think you still have right to work in the UK since you have not been given right of appeal, according to your statement above.
3) yes this can be done through court decision.
4) you can apply SET(LR) since you have completed your 10 years stay, though this is tricky because if you have not been given right of appeal then you are not covered by 3c. however it all depends on prayers and the caseworker dealing with your SET(LR)
5) all your dependants visa is based on the main applicants application results, so i highly recommend option 4 of my answer above.
Any forum member who have/had similar issue should comment on this. This is just my own opinion i am not a legal adviser or a solicitor.You might also want to seek advice from an experienced solicitor.
Thank you very much Spatacus for your prompt advice, I still have 7 months left to clock 10years in UK. I will really appreciate it if more able members like Spatacus can advise me more on my immigration problem because i had spent a lot on solicitors.I will like one of the moderators of the forum possibly AMBER and other able members like Shahjee to advise me more and any experienced members that has got through judicial review process before they applied for thier 10 years residence visa either with dependants or not.
Many thanks , YOUR URGENT REPLY WILL BE HIGHLY APPRECIATED