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I hope it would come in your best interest.Plzilr wrote:I also needed help over this can anyone help on this unfortunately passenger of same boat.. Not sure about Jr and the outcome..
HiI hope it would come in your best interest.
I had 7 months remaining in my 10 years time when my solicitor advised me to go for JR.
Couple of others suggested to go for ILR and hope that by the time the case worker opens the file, it will be the time.
I went for FLR (FP) before the expiry of my last leave and they decided my application within a month after the biometrics, so didn't want to take the chance of applying of for ILR, getting refused and wasting the £1500.
Hi, please explain what exactly is your issue? thanksPlzilr wrote:I also needed help over this can anyone help on this unfortunately passenger of same boat.. Not sure about Jr and the outcome..
No. Here is where there is a major diversion between the UK Immigration Rules and the EEA Regulations.uhtred wrote:I am not sure if it also includes the time while your application is still under consideration and hasn't been decided yet.
secret.simon wrote:No. Here is where there is a major diversion between the UK Immigration Rules and the EEA Regulations.uhtred wrote:I am not sure if it also includes the time while your application is still under consideration and hasn't been decided yet.
Under the UK Immigration Rules, if you have valid leave and you make an application to extend that leave or for a new type of leave under the UK immigration Rules, you are covered under Section 3C for the period that your application is under consideration and your earlier valid leave is considered extended for that period. Therefore for the period that your application is under consideration, you are not considered illegal provided you submitted the application while you had pre-existing valid leave.
Under the EEA Regulations, there is no such provisions. For EEA extended family members, their rights under the EEA Regulations only start from the date they are issued a Residence Card. If their existing leave had expired, they would be considered illegal for the period after their leave had expired but before they were issued the EEA Residence Card.
That would break the 10 year residence route, but if they are holding the EEA Residence Card, they would still qualify for PR under the EEA Regulations on completion of five years, assuming that their EEA sponsor is exercising treaty rights or has attained PR themselves.
According to my limited knowledge when you start your JR, you become an overstayer and once you are an overstayer then you lose your right to work and may be to NHS. I am not 100% sure about AR; may be moderators can throw some light on it.AML2015 wrote:@secret.simon
I had applied for my ILR on 13th Feb, which was unfortunately refused. They gave me an option for administrative review, which I filed today.
My current leave expires on 04th March. The AR decision will definitely come after my current leave has expired. I understand that my stay is covered till the AR decision is not declared even though my current leave has expired, but if God forrbid my AR result is negative and I plan to go for a judicial review, then is my stay in the UK covered by 3C once I file for JR ? Can I work after my AR has been refused but I have filed my JR ?
Your guidance is much appreciated.
Thanks
hisecret.simon wrote:No. Here is where there is a major diversion between the UK Immigration Rules and the EEA Regulations.uhtred wrote:I am not sure if it also includes the time while your application is still under consideration and hasn't been decided yet.
Under the UK Immigration Rules, if you have valid leave and you make an application to extend that leave or for a new type of leave under the UK immigration Rules, you are covered under Section 3C for the period that your application is under consideration and your earlier valid leave is considered extended for that period. Therefore for the period that your application is under consideration, you are not considered illegal provided you submitted the application while you had pre-existing valid leave.
Under the EEA Regulations, there is no such provisions. For EEA extended family members, their rights under the EEA Regulations only start from the date they are issued a Residence Card. If their existing leave had expired, they would be considered illegal for the period after their leave had expired but before they were issued the EEA Residence Card.
That would break the 10 year residence route, but if they are holding the EEA Residence Card, they would still qualify for PR under the EEA Regulations on completion of five years, assuming that their EEA sponsor is exercising treaty rights or has attained PR themselves.