Judicial review- right to work

[grace4drace]

I am asking on behalf of a friend who is unsure please.

Do u lose right to work if you apply for judicial review after administrative review is refused or is section 3c extended?

[secret.simon]

To the best of my knowledge, Section 3C lapses when the appeals process (to the First Tier Tribunal/Upper Tier Tribunal) finishes.

Judicial Review moves the case from the appeals system to the courts system and is not covered under Section 3C.

[Obie]

To the best of my knowledge, Section 3C lapses when the appeals process (to the First Tier Tribunal/Upper Tier Tribunal) finishes.

Judicial Review moves the case from the appeals system to the courts system and is not covered under Section 3C.

I concur .

[grace4drace]

But what is there is no right of appeal and after the administrative review is refused, she applies for judicial review, will she lose it also?

Is it better for her to put in a private life application instead.

[geriatrix]

Section 3C leave ceased when the person in question received confirmation of administrative review's decision that the review was unsuccessful. Since then, the person has become an overstayer and has no legal right to work.

Submitting another application, irrespective of whether the person qualifies for it or just attempting to buy time for some reason (e.g. - 10 year route), doesn't make the illegal stay legal. Until the new application is granted, the person continues to remain an overstayer without any right to work in the UK.

[grace4drace]

Thanks for your responses. So is it better for her not to pursue administrative review. She is still awaiting her ilr application to be decided, she was employed full 5 years but they have held her application for further checks. She applied with her husband. If anything happens and she gets refused, would it then be better to fight it at admin review or apply for something else like private life. She has 2 children born here. She's trying to weigh her options.

Pls advise, can her husband apply for something else?

[geriatrix]

Why is the person concerned that the ILR application will be refused? "Further checks" doesn't mean refusal ... it is just due diligence!!
It looks like the person knows why the application may be refused?

Whether administrative review should be pursued or not will depend on the reason(s) of refusal. No one can blankly tell you whether it should be pursued or not.

Why can't she move back to her country of citizenship with her children (even if they are born here)? Whether FP is an appropriate route for her depends on the merits of the case.

[grace4drace]

Of cos she doesn't hope it will be refused, but i understand why she could be bothered as it is a tense time for most people and just wants to know her options.