6 Months Short of 10 Years Long Residency

[arif.scorp]

Hello all gurus plz someone help me with the advice and comments
I came here in London on 28th of may 2006 as student and did several extension as student.

In 2012  i got two years post study work visa till August 2014
In 2013 I got married and my wife joined me on 4th November 2013 as psw dependent
While on the expiry of my psw on 8th August 2014 my wife was 9 months pregnant so we did the FLR O application on the medical grounds which is the correct form and attached all the relevant documents from the g.p and the hospital.

But home office returned my application on 7th august 2014 ask to send FLR FP application as you applying as on family grounds, which is not the case so at that without arguing further my solicitor did the FLR FP application but again they send it back as invalid and said payment page is missing which was not true but I send one more application on my solicitors advice than they refused me on January 2015 without the right of appeal cause they said i applied after my visa expired but this is all because of home office who keep returning my forms which was on time.
Then we did the protocol before going to JUDICIAL REVIEW by giving the proof of the first application and the photo copy of the first payment page but they stick to their decision.
  
Now my case is in JUDICIAL REVIEW and my baby is going to be 1 year 2 month old and he is suffering from severe eczema since he was only 3 months old with lots of food allergies Like ( Dairy,milk,wheat,egg,peanut,soya, lentil, rice) For non-veg we are not aware yet.
his treatment is under Chelsea and Westminster hospital and they are doing well, and slowly his getting better, as this is a chronic disease so it is going to take long time to cure.I already send my baby's Photos, hospital appointments letters and his medical documents to Judicial Review.
But since Home office refused my visa extension in January 2015 i am not working and finding it very difficult as all the expenses is still their and i had to look after my family and their expenses. And now its only 6 months to go for 10 year route please please someone can tell me what is going to happen now and what are my chances thanks a lot in advance

[haris_zam]

i do know that you were refused without appeal right, but have u spoken to your solicitor since ?. what did he tell you to do .
I know there is no appeal right but is there nothing you can do to challenge it in the court, whichbis possibly the only place where it will all be heard. and as jr is concerned its a joke, JR is done by the ukvi themselves ,and its another monry making scheme, very few if any get something out of it.

[arif.scorp]

Thank haris for the reply, I did spoken to my solicitor and he said jr is the only option left when their is no right of appeal, as far I know pre-action protocol is done by ukvi before going for jr and I guess judicial review is handle by the court where his challenging my case, but could plz tell me what is the merit of my case. Thank you once again.

[physicskate]

Thank haris for the reply, I did spoken to my solicitor and he said jr is the only option left when their is no right of appeal, as far I know pre-action protocol is done by ukvi before going for jr and I guess judicial review is handle by the court where his challenging my case, but could plz tell me what is the merit of my case. Thank you once again.

So you applied to extend your leave so that your wife could give birth and now the child's allergies are keeping you from leaving?? Even if the allergies are severe, call me skeptical. Is you stay here legal? If leave was seen to be broken at some point, 10 years is broken.

I would have argued that knowing your wife's due date and the expiry of your visa, you should have left before it was unsafe for her to fly...

[arif.scorp]

Thanks physicskate but in jr I think they dont see the decision was right or wrong but I guess they check wheather it is taken through lawful or unlawful because in my case home office returned my first application which right and payment page was filled but they returned it as invalid and said payment page is missing which is not the case if atleast I'll get the appeal right than my section 3c will start my timer for 10 year route so plz let me know the merit of my case atleast they will give me appeal right. Thanks

[haris_zam]

I am not too sure arif bro, but i reckon it'll be alright. i dont thibk its your mistake as long as you have submitted everything on time you could chsllenge them, worst come you may aply for ilr and see how it goes, medical grounds of your child should be considered by ukvi . In sha Allah may Allah cure him amen.

[physicskate]

Thanks physicskate but in jr I think they dont see the decision was right or wrong but I guess they check wheather it is taken through lawful or unlawful because in my case home office returned my first application which right and payment page was filled but they returned it as invalid and said payment page is missing which is not the case if atleast I'll get the appeal right than my section 3c will start my timer for 10 year route so plz let me know the merit of my case atleast they will give me appeal right. Thanks

JR is not an appeal.

http://www.immigrationboards.com/eea-ro ... 72068.html

[arif.scorp]

Hi physicskate I know jr is not appeal but in case if judge gives the decision in my favour by looking at the evidence and the home office mistake by asking us to send flr fp application instead of flr o which we did at first place than I think at least I'll get the appeal right , what do u say

[secret.simon]

as jr is concerned its a joke, JR is done by the ukvi themselves ,and its another monry making scheme, very few if any get something out of it.

You probably are confusing judicial review with administrative review. Administrative review is when the decision is reviewed by another caseworker within the Home Office. Judicial review is when the case is taken to an independent court/tribunal. So, JR is not done by the UKV&I.

[secret.simon]

More info on JR

https://www.judiciary.gov.uk/you-and-th ... al-review/

Broadly, the judge reviewing the Home Office ruling does not look at the outcome of the decision, but whether the correct procedures and standards have been followed. So, it is a procedural review, not one that is concerned about the outcome. It is a judicial review by a judge, but they must adhere to the same rules as the Home Office case worker. It is not a court case by itself.

[physicskate]

More info on JR

https://www.judiciary.gov.uk/you-and-th ... al-review/

Broadly, the judge reviewing the Home Office ruling does not look at the outcome of the decision, but whether the correct procedures and standards have been followed. So, it is a procedural review, not one that is concerned about the outcome. It is a judicial review by a judge, but they must adhere to the same rules as the Home Office case worker. It is not a court case by itself.

So OP, essentially even if JR succeeds, the application may not be successful (which, in my lay opinion, this one won't)... so time might not be bought in order to apply for 10 years long residence.

[arif.scorp]

@secret.simon my solicitor said he had sent the photo copy of the payment page as an evidence because the original should be with home office and he has challenge in jr that the first application which was flr o was the correct form for medical grounds. My question is secret.simon, does the court will accept as evidence the photo copy of the payment page which my solicitor has submitted in jr and does in my wifes pregnancy situation flr o application was the Wright form pleas secret.simon reply on this thank you so much.

[physicskate]

@secret.simon my solicitor said he had sent the photo copy of the payment page as an evidence because the original should be with home office and he has challenge in jr that the first application which was flr o was the correct form for medical grounds. My question is secret.simon, does the court will accept as evidence the photo copy of the payment page which my solicitor has submitted in jr and does in my wifes pregnancy situation flr o application was the Wright form pleas secret.simon reply on this thank you so much.

Correct me if I am wrong, but your wife is no longer pregnant, thus even if JR is successful, the application is doomed to fail!! Pointless pursuing this other than to buy time. I am of the opinion that you have already bought yourself two years....

[arif.scorp]

@secret.simon thanks for your reply, do u know? What will happen if in case my jr is successful does it goes back to home office if yes than will my section 3c timer will start, And I know my wife is not pregnant but to be honest this time I am concern about my baby's medical health whos treatment is slowly improving here cause of his easily accessible of anti allergy food which he have very less options from and the weather back home which is not the case. Thanks in advance

[haris_zam]

secret simon.

ya ma bad i did think it was AR and not Jr.
i dont know even if JR is given as well..
i thought the only option you get is an AR.
or may be if i am. right applicant can apply for a JR regardless of appeal right ?????

[kunfayakun]

same case happened to my friend 3 months short of 10 years and Home office refused the ILR application with the right of appeal, Home office won the appeal and now struggling with JR, nowadays HO seems very tough and now recently been advised to wait for his child to turn 7 years to apply for the FLR

[pink85]

same case happened to my friend 3 months short of 10 years and Home office refused the ILR application with the right of appeal, Home office won the appeal and now struggling with JR, nowadays HO seems very tough and now recently been advised to wait for his child to turn 7 years to apply for the FLR

Hi I
Can u tell me which date ur friend applied for 10 years?(mean when completing 10 years and is he applied 3 month early application ?)
If he got right of appeal when his appeal in process (mean time his 10 years complete than he can reapply for 10 years) so y he choose Jr. .

It's really help for me bcos I m in similar boat
Thanks