Lon Residence 10 years -13 Months Short

HI All, I am posting this on behalf of my friend who is in very critical situation.

He desperately need your help... Please..

His current Tier 2 visa expired in August 2018.
Although I have completed the 5 years employment under this category I do not qualify for ILR application because of the new salary threshold of £35k.

Immigration story:
Entered the UK in September 2009 under a student visa.
Was granted a PSW visa in October 2010.
Joined the company I’m working for in 2011 and obtained a Tier 2 visa.
Same type of visa was renewed in 2015 - ending in August 2018.

He have reached the maximum years allowed under the Tier 2 category, therefore my company cannot apply for any extension of my visa.

It's been 9 years since he have been lawfully living in England.That takes him 12 months short to reach the 10-years route!There has been no long breaks as stated in the requirements during this time.

He applied for FLR HRO on August with no choice and still in pending status, Simultaneously he has sent his wife and Kid to India as backup plan, so that his wife can apply on Tier 4 visa and he can switch to Tier 4 dependent visa, However this palnace didnt go well as his wife Tier 4 visa got rejected using deception clauses and banned for 10 years until October 2028.

Below is the reason they have raised

Question 25 of your visa application r form asks you the question, "have you beern issued any visa for the UK, UK overseas territories commonwealth country in the last 10 yeas?" You have
answered ··No" to that question. This is, in fact, not the case. Home Office records indicate that you have made an applications as the dependant family member of someone holding leave under Tier 1 of the Points Based System. This applications was made on 01/03/2012 and on 16/07/2015. You have not disclosed this applications in your application form and I am satisfied that you have failed to disclose material facts in relation to your application.

Question 28 of your visa application forms asks tt"1e question, "Have you applied for leave to
remain in the UK in the past ;1 p years?" You have :answered. "No" to that question. This is, in fact, not the case. Home Office records indicate that you have made two previous applications as the dependant family member of someone holding leave under Tier 2 of the Points Based System. These applications were made on 21/07/2012.and on 16/07/2015. You have not disclosed these applications for leave to remain in your application form and I am satisfied that you have failed to disclose material facts in relation to your application. This fact is made more pertinent given that when asked in your visa application form, at question 27, if you have ever travelled to the UK in the last ten years you have stated that you have made two visits of 17/10/2014-05/06/2016 and 26/06/2016-29/08/2018.


Part have 3 stated of-your that visa you are application married form-asks(question -for 48) details to xx In (questions 52this -section and-!,3)y that your spouse/ partner currently lives with you (question 55), and I note that you have provided an address in Thiruvanmayur, Chennai as your permanent residential address (question 22). However, Home Office Records indicate that your husband is still in the UK having made an application for leave to remain o.n 23/08/2018. I note that this application is still awaiting a decision and I am satisfied, therefore, that your husband is still in the UK and is not living, as you have stated in your visa application, with you at the address you have provided in your visa application form. Subsequently, .I am satisfied that ,you have submitted false information in relation to your application and that your application should be refused under paragraph 320(7 A) of the Immigration Rules.


Does his FLR application will be affected because of his wife application, He have approached a solicitor and he's suggesting to go for SET LR to buy time until He is eligible for his 10 year long residence which is September 2019.

Can someone help please?


Thank you

Expert is there any process my friend can follow. process.... => FLR HRO ---> Vary to SET LR.....

August 2018 - Nov 2018: FLR HRO
varies
November 2018 - Sept 2018 - Set LR.

Did he apply for FLR HRO before or after his previous visa had expired?

If he has filed an FLR(HRO) only to buy time and he has no basis for it, be aware that frivolous and vexatious applications are considered an aggravating factor under Immigration Rule 320(11).

Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused wrote:Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused
(11) where the applicant has previously contrived in a significant way to frustrate the intentions of the Rules by:
(i) overstaying; or
(ii) breaching a condition attached to his leave; or
(iii) being an illegal entrant; or
(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);
and there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process.

The wife's strange conduct (of lying outright about her past applications) may have a negative impact on your friend's application, as it will look as if they are conspiring together to frustrate the Immigration Rules.

He applied before his visa expired