10 Years completed while JR in process.

[Baba G]

Hi everybody,

Just wondering if TIER 1 entrepreneur ext second application got refused and an applicant have gone to JR, while in JR process, applicant have completed 10 yrs. Will an applicant be eligible to apply for ILR???
A solicitor told me that we can apply for ilr once you complete 10 years while case is in JR if you are on Tier ent which I disagree with him.

Marcnath and Zimba or other moderators please advice.
Thanks

Ps. For all members, no body got refused. Just asking to get idea for JR process and rules of 10 years long residency.

[annoyedatukba]

I know the answer to this one... it has been asked a few times already on here.

If you apply get refused - reapply and get refused again, it means that you have lost your continuous stay so the 10 year rule doesn't apply and you are considered an overstayer.

If you are successful in your JR, then the time spent while you wait will be added to your continuous stay. But that is only IF your JR is successful.

Hope this helps

[marcnath]

As has been repeatedly said in this forum, JR is not part of the immigration process. So, once the AR is refused, the person becomes and overstayer and is no longer eligible for any other Visa, LR, etc until a fresh application or JR is successful.

[Baba G]

Thanks a lot guys. Now I can prove to a solicitor that one’s can’t go for ilr while JR still in process as he is misleading people.

[zimba]

Thanks a lot guys. Now I can prove to a solicitor that one’s can’t go for ilr while JR still in process as he is misleading people.

He might have confused JR with Appeal process. Time spent waiting during an appeal process preserves someone's lawful residence under section 3C, however you cannot appeal a refusal decision for applications made on or after 6 April 2015. JR on the other hand is outside the scope of immigration Act 1971.

[Baba G]

Thanks Zimba