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Will time spent while waiting for JR counted towards 10 year

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pakhtoon77
Junior Member
Posts: 72
Joined: Mon Dec 30, 2013 9:52 pm

Will time spent while waiting for JR counted towards 10 year

Post by pakhtoon77 » Sun Jan 19, 2014 2:45 pm

hi everyone, a lot of people are in this situation where they need about 1 years and few months to complete 10 years and there visas get rejected. so if they go for appeal , it takes about 8 months roughly, and then if not given hearing right at upper tribunal, they can go for JR and complete there remaining 6 months in JR process. My solicitor says it is counted towards 10 years . this literally means that if someone get refused a visa and they need 12 to 16 months to complete 10 years. they can safely complete 10 years by going through 1st TR and then JR and they are safe for 10 years irrespective of appeal outcome. what are your expert opinions on this...

adi786
Member
Posts: 209
Joined: Thu Sep 05, 2013 8:32 pm

Re: Will time spent while waiting for JR counted towards 10

Post by adi786 » Sun Jan 19, 2014 11:16 pm

@ pakhtoon77
Ask your solicitor again bz as far as i know if a person get rejected in appeal then 10 yrs ILR will break it will not count towards legal stay

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Re: Will time spent while waiting for JR counted towards 10

Post by vinny » Sun Jan 19, 2014 11:35 pm

No. JR doesn't extend leave under Section 3C/3D.
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pakhtoon77
Junior Member
Posts: 72
Joined: Mon Dec 30, 2013 9:52 pm

Re: Will time spent while waiting for JR counted towards 10

Post by pakhtoon77 » Mon Jan 20, 2014 12:00 pm

That's alarming news to know.....since I am quite sure my solicitor asked me not to worry and that any refusal can be dragged in courts for upto 15 months....but FTT as far as I know will normally take upto 8 months and UTT is an uncertain thing to rely on since one might not get allowed to appeal to UTT.

Darvesh
Member of Standing
Posts: 444
Joined: Wed Feb 27, 2013 11:44 pm
Location: London
United Kingdom

Re: Will time spent while waiting for JR counted towards 10

Post by Darvesh » Mon Jan 20, 2014 6:19 pm

time spent under FTT or UTT may counted towards long residency should u get positive outcome of appeal... as moderator mentioned time spent under JR will not counted towards long residency.

pakhtoon77
Junior Member
Posts: 72
Joined: Mon Dec 30, 2013 9:52 pm

Re: Will time spent while waiting for JR counted towards 10

Post by pakhtoon77 » Mon Jan 20, 2014 7:32 pm

Darvesh, time spent while waiting for FTT and UTT is counted towards 10 years irrespective of the outcome....which means someone can withdraw his appeal at anytime if his 10 years is completed and hearing pending.

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