Immigrationboards.com

Hello,

My family and I am in LR on Private Life. We are living in the UK more than 10 years, therefore I want to find out if we are eligible to apply for ILR.

We came to the UK 2007 and since then received visas as below:

• Visa 11/09/2007 to 31/10/2008 * student visa

• 23/11/2008 to 30/04/2009 * student visa

• 02/06/2009 to 02/06/2011 * PWS visa

• 23/06/2011 to 01/05/2014 * tire 2 general visa

during this time my employer merged with another organisation and they transferred me to the new organisation. However, HO has curtailed my visa on:

-29th Jan 2013 visa curtailment letter arrived.
- sent a requesting to reconsider the decision within 14 days.
- as they rejected the request we have applied for judicial review.
- Judicial review rejected.
- applied for oral hearing.
- oral hearing was granted and dated 11/02/2014 ( we didn't go to the hearing)

During this time my Son spent 7 years in the UK so we have applied for 7 years private life before my T2 visa expired 1/5/2014.

Applied for new visa on 24/04/2014 before the expiry date (1/05/2014) of my tire 2 visa for 7 years

 Visa was rejected without appeal rights.
 07/07/2014 sent a proposed claimed for judicial review asking to reconsider the decision.
 They didn’t reconsider the decision but have granted the appeal right.
 We have put the appeal on 8/09/2014 ( during this time we have received temporarily admission)
 Appeal granted in first tribunal on 28/04/2014 (
 14/05/2015 decision has been made to grant leave to remain in the UK.

Time spent pursuing JR is not lawful residence. Your UPDATED Tier 2 visa expiry date was the date that visa was curtailed to not 01/05/2014. That is what curtailment means

Zimba wrote: ↑

Tue Nov 12, 2019 4:26 pm

Time spent pursuing JR is not lawful residence. Your UPDATED Tier 2 visa expiry date was the date that visa was curtailed to not 01/05/2014. That is what curtailment means

See previous topic from 2017.

indefinite-leave-to-remain/long-residen ... l#p1532170

CR001 wrote: ↑

Tue Nov 12, 2019 4:30 pm

Zimba wrote: ↑

Tue Nov 12, 2019 4:26 pm

Time spent pursuing JR is not lawful residence. Your UPDATED Tier 2 visa expiry date was the date that visa was curtailed to not 01/05/2014. That is what curtailment means

See previous topic from 2017.

indefinite-leave-to-remain/long-residen ... l#p1532170

So he got this advice back then

Thanks for the swift reply.

I know I have received this information before, but now I want to find out if I have any chance of applying for ILR under the section 39E or any changes made recently.

kumari75 wrote: ↑

Wed Nov 13, 2019 10:51 am

Thanks for the swift reply.

I know I have received this information before, but now I want to find out if I have any chance of applying for ILR under the section 39E or any changes made recently.

Paragraph 39E has no relevance here as your pursued JR and JR did NOT reverse the decision to curtail.
Also it seems you still believe your visa was valid till 01/05/2014, that is NOT correct either

Okay, thanks.

But the solicitors I have been contacting regarding this last few years are now telling me they can take my case- I am bit worried now in what ground they are going to apply now as they couldn't do this last two years.

Does it make any difference that I am a commonwealth citizen????

kumari75 wrote: ↑

Wed Nov 13, 2019 2:56 pm

Okay, thanks.

But the solicitors I have been contacting regarding this last few years are now telling me they can take my case- I am bit worried now in what ground they are going to apply now as they couldn't do this last two years.

Does it make any difference that I am a commonwealth citizen????

Solicitors want your money and JR is expensive. Being a commonwealth citizen is irrelevant

Thank you !