Continuing case and an ILR application

Hi,

My 1st application for Tier 1 was refused due to non payment of fees. 2nd application was made after the visa expiry thus declared "non valid" and no right of appeal was given. For more details kindly read/view my last post:

http://www.immigrationboards.com/uk-tie ... 46743.html

The case was presented to the Upper Tribunal for the validity of application which was accepted and the judgement was made based on "Basnet case law". The case has been given back to the Lower Tribunal for a full hearing.

My 10 years have been completed and I request all the law gurus to advice me whether an ILR application can be made now or do I have to wait for my last case application/hearing/decision to be made?

Can I withdraw the case after hearing and make an ILR application?

PLEASE ADVICE!!!!