I was on a student visa and I am due to apply for my ILR. My ILR is due in August this year. Also, My husband is due to apply for his ILR soon i.e.: in January 2021, however there is a bit of a concern about his ILR and I need help before we apply for his ILR.
In 2014 he applied for an Entrepreneur visa which was Declined with the code: 320(7a) and 320(7b).
There is more it: the decline letter included some information by the Home Office officer which was completely incorrect, such as: EVEN WHEN his IELTS was done in the UK and his project report was on factual basis it was said to be untrue in refusal form. If we would have appealed at that time it could have been proven wrong. But as the funding source was unreliable he did not appeal. So, after 2014 he has continued to live in the UK as my dependent. Also, in every subsequent Visa application post 2014 we have informed the Home Office/ UKBA about this refusal by writing a cover letter. (So he has been in the UK from 2011 to date as my dependant).
My questions are:
1. If we apply for his ILR under the above situation, will it be approved?
2. Should we even consider applying for his ILR before 2024? or we should directly apply for him to be on my Spouse visa?
3. Is this ban Discretional or Mandatory? and is the ban applicable for ILR or just as mentioned in my letter only for “Entry Clearance”?
4. I am planing to submit the last 3 tenancy agreement and three council tax letters as proof of address and as a proof of living together is it sufficient? if not please guide me
5. Also my husband has lost his previous passport, so do you suggest to submit extra documents? if yes what documents should we submit?
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