JR is an application to the Court seeking a review the lawfulness of a decision made by a public body in their exercise of a public function; It can only be used where there are no other legal avenues available to challenge the decision; In terms of Immigration, JR can be used to challenge certain refusal decisions made by UKVI /ECO, for example decision which do not attract a right of appeal or AR; The role of the Court/Tribunal is to review the lawfulness or reasonableness of a decision.
Some of the facts:
If your spouse/partner is already living in the UK and is a British citizen or has a settlement or humanitarian protection or refugee status (post flight), you may apply to join him/her in the UK; To be able to join or remain in the UK with your partner, you are required to show that you meet the minimum income threshold for a spouse visa, proof of legal marriage or civil partnership, proof of English proficiency and suitable accommodation in the UK where you will reside together. You also need to meet the suitability requirements; Poor preparation and submission of Spouse Visa Application may attract refusal but applicant gets right of appeal in the majority of the cases;
Some of the facts:
Most UK visa holders can apply for settlement after living in the UK for a continuous period of 5/10 years; In order to get the settlement application approved, applicants must show proficiency in English Language, pass a Life in the UK test, show that they do not have an adverse immigration history and any criminal convictions in the UK or abroad, satisfy the residence requirements;
Receiving a refusal to your settlement visa application is not always final if you are given a Right of Appeal; The appeal must be submitted to the First Tier Tribunal in a short timeframe. So, it is important to act quickly. It advisable to select an immigration lawyer who has been successful in having refusals overturned.
