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Options if ILR refused?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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laramara
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Joined: Tue Jan 30, 2024 8:25 pm
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Options if ILR refused?

Post by laramara » Sat May 25, 2024 2:35 pm

Hello Admin and Members,
My friend applied for ILR inside UK.
Trying to help her with her options if her application is refused.
1. If she has right for Admin Review, she has to apply within 14 days, correct? Does her right to legally stay in the UK continue? There is something like 3D or similar?
2. What if her Admin Review is refused? I've seen some words like PAP and JR being used. How long after Admin Review refusal can she file PAP or JR or both? Are they considered an 'appeal'. Is it 14 days time given to file an 'appeal'? What are her residency rights, if she files a PAP or JR or both? Is she legally allowed to reside during that time in the UK? Does she have to leave the UK to file a PAP and JR? Or can she do it from inside UK? Can she leave the UK after filing PAP or JR? Will she be able to re-enter again?
3. Any info and/or links on how to file an Admin review, PAP and JR?
4. What are the current processing times for Admin Reviews, PAPs and JRs inside UK?
Thanks for your advice and help.

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CR001
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Re: Options if ILR refused?

Post by CR001 » Sat May 25, 2024 3:05 pm

My friend applied for ILR inside UK.
Useful to state what route to ILR has been applied for, what the full immigration history is and why your friend thinks it might be refused. Also useful for 'friends' to register on the forum and ask their own questions, it is their immigration journey and future at risk.
1. If she has right for Admin Review, she has to apply within 14 days, correct? Does her right to legally stay in the UK continue? There is something like 3D or similar?
Yes, if she applies for Admin Review, IF her ILR is refused, her section 3C continues. She gets the right to Admin Review, which is if she believes UKVI made an error. It is NOT an Appeal and she cannot submit additional evidence.
2. What if her Admin Review is refused? I've seen some words like PAP and JR being used. How long after Admin Review refusal can she file PAP or JR or both? Are they considered an 'appeal'. Is it 14 days time given to file an 'appeal'? What are her residency rights, if she files a PAP or JR or both? Is she legally allowed to reside during that time in the UK? Does she have to leave the UK to file a PAP and JR? Or can she do it from inside UK? Can she leave the UK after filing PAP or JR? Will she be able to re-enter again?
Once Admin Review is refused, if her last visa expired, she becomes an overstayer. PAP and JR are not immigration processes and doesn't give her any legal status in the UK.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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