What happens if the 4-5 JR is successful?

[rooi_ding]

So the scenario is this the JR is successful for the 4-5 year change, Mr Reid gets sent packing tail between his legs, and all the people who are on 4 yrs WP, HSMP and AV apply for ILR and are successful.

My question is were do the people stand who have now completed 5 years and have ILR based upon a rule which can not be applied retrospectively? (Are we in legal limbo) Could we now apply for naturalisation immediately and can we claim back the extra expenses that we have accrued because we were forced to wait an extra year ie: increase in ILR application fees.

And what are the possible routes we could take?

What happens if the 4-5 JR is successful?

[Siggi]

Well let's not count our chickens before they hatch, but all should be clear on Friday.

In terms of what will happen to people who have paid money in for extentions and people who would now qualify for naturalisation.

I suppose it would only be fair that persons effected are credited with any extra money they may have already unnessary paid out.

Further more should they now have reach the five year mark they could immediately apply for naturalisation.

Saying all that I don't think this will happen.

[jayj]

Would we know by Friday what the verdict is ? OR if not, how long would it be until a decision be announced?

[Rog]

Getting a favourable judgement would in itself be a major event. But I don't think we can expect any financial compensation etc from the HO. Naturalisation can be applied for from 1 year after ILR and even if JR is successful there is a less likelihood of back dated ILRs. So at the most we can expect ILR for those who have been in the UK for 4+ years with immediate effect and Naturalisation after 1 year, the event of a successful outcome.

[avjones]

In a JR, judgment can be given immediately or reserved (given later).

My bet is that this case will go to the Court of Appeal, whoever wins.