Immigrationboards.com

Hi, need your help, options & opinion . Kindly check the detail & let me know ASAP , thanks :

My history:
Student Visa 1May2007-30sep2008
Arrived in UK:8-5-07
Student visa Extension : 10Dec,2008-31Oct 2010
Wife n kids (2boys) visas 21dec2009-31oct2010
arrived 22-Jan-2010
MBA Completed
Psw :11Nov 2010-11nov2012
tier1 applied 28sep 2012 posted
New girl born in uk 22 Jan 2014
Appeal rejected
Applied fresh tier 1 application filed Jul 2014
No reply till arp 2016,
letter received for sign reporting started
Start sign 21apr2016 (every 2week)

After two month JR applied 15apr2016
5Oct 2016, HO was asked to review by JR (JR won but not filed, solicitor negligence?)
And outcome came as unlawful delay
In Dec 2016 ho was informed.
As per the firm the solicitor didn’t file the In our favour JR decision on time
They were suppose to reply in 2 months ? (He left the law firm)

2jul17 section 20 article 8 presentation was made for family with social worker reports added
18Jan18 letter granted ltr
So solicitor said, do the extension to complete another 10y, like new ?
Next extension due in sep 2020
..
Now my questions r :
What’s a best & quick to get ILR /British pp?
Myself lived here over 12.9y
My 2 sons & wife lived here over 10y
My uk born daughter lived over 6y
Kids ages 16, 13 & 6yo
..
Let me know ASAP

It seems you have had 4 years of overstaying between 2014 and 2018. You can only get ILR after 10 years and that is in 2028. It is not about living here it is about the length of lawful continuous stay in the UK

Zimba wrote: ↑

Wed Mar 11, 2020 12:52 pm

It seems you have had 4 years of overstaying between 2014 and 2018. You can only get ILR after 10 years and that is in 2028. It is not about living here it is about the length of lawful continuous stay in the UK

Thanks for the reply, but its really not fair or right, to get ILR after that long, nearly after 20y in this country. Considering the fact that was solicitor's fault in the first place .
What about my kids ? does it apply to every one.
In 2016 only at the time of JR, may have broken, so called the continuity . As far as we knew that time, we were still waiting for the reply from HO.
Don't know what to do next , was really thinking about moving else where, really . If nothing works out soon enough.

You need lawful residence to be considered for ILR that includes all your family. How long you spent here is not a factor for ILR when it is spent unlawfully. Time spent pursuing JR is not lawful residence unless HO reverses their original decision. Solicitors mistakes unfortunately affect applicants.

Zimba wrote: ↑

Fri Mar 13, 2020 12:01 am

You need lawful residence to be considered for ILR that includes all your family. How long you spent here is not a factor for ILR when it is spent unlawfully. Time spent pursuing JR is not lawful residence unless HO reverses their original decision. Solicitors mistakes unfortunately affect applicants.

One firm suggested to file ILR applications to be rejected anyways but later appeal in the court and the chances of winning in the court are more ? He is asking £1500= for each application . I was thinking, may be I can apply it my self and see what happens ? what you think about it . Any suggestion at all?
He also says, if its rejected by the court too, they will give you the choice of going back to 30 months visa cycle, to complete 10y anyways . Is that true or make any sense to you at all ? I am not sure if I will be refunded for ILR application fees too ? Need little more in depth info in this regard, thanks.

I repeat that you do not have lawful residence to qualify for ILR. Courts have been very strict on SET(LR) lawful residence requirement . See: indefinite-leave-to-remain/ilr-10-years ... 81021.html
Applying for ILR is waste of time and money in your case. Solicitors like courts as they will make more money representing you. My suggestion is to save your money and continue as normal on your current visas. You can live and work as normal. In my humble opinion it is better to put the money towards a holiday for the family rather than giving it to a solicitor for a pipe dream. Going through courts and appeal just to end up back where you are is not a good idea

Thanks , we shall wait then I guess ....