Please help me to clear my confusion

Hi there, I have been reading all the questions and answers in this forum and found is very helpful. I was wondering to ask the relevant people if they can help me with this. I came to this country on 17th of September 2006. I had my portions of all visas which was ended on 12th of October 2015. Where my 9 yrs and 1 month covered. I could not get any other option to apply in terms of keeping my legality. I did applied in FLR (o) and been refused on 23rd of February 2016. They gave me 14 days to justify if I have any other reason to stay in this country or not. I have applied for Administration Review. I know that will count in 3C chain. My question is if that Administration Review come back negative and if I apply in any other FLR catagory to cover my 10 yrs time frame which is 5 mothns, will that break my 3C or not? if it does then does 3C affects to apply in ILR or not? Somebody told me 3C is to keep your work right from previous permit and leave to remain. I don't need work permit as I don't work. If 3C breaks, can I still go for 10 years application or no point. I will highly appreciate if I can get a clear knowledge. Solicitors are not just helpful in twisting statement.
Many thanks.

Well there is no not-quite-10 year legal stay visa, and the authorities are well aware of the string-out-time-on-doomed-to-fail-applications ploy now.

If I were you I'd work on finding a T2 or something rather than spending money on postponing the inevitable....

Thank you very much 'Wanderer' for your reply. But I am still not clear. I could not understand your answer as positive or negative. I understood about T2 which I have tried but found most of the time an agent in between or unfaithful companies. Do you think breaking of 3C will affect my 10 years??

Yes, breaking 3C cover will definitely affect your ability to apply for ILR based on 10 years long residence. For long residence ILR you must have valid leave for the full 10 years, there is no discretion.

What wanderer was saying if that HO are now very aware of applications that migrants don't qualify for being submitted just to try 'buy some time' and they are being refused much quicker than in previous years.

CR001 wrote:Yes, breaking 3C cover will definitely affect your ability to apply for ILR based on 10 years long residence. For long residence ILR you must have valid leave for the full 10 years, there is no discretion.

What wanderer was saying if that HO are now very aware of applications that migrants don't qualify for being submitted just to try 'buy some time' and they are being refused much quicker than in previous years.

Yes, better put than I!! Thanks Char....

@ wahaj, do you have any child in UK.

Wanderer wrote:

CR001 wrote:Yes, breaking 3C cover will definitely affect your ability to apply for ILR based on 10 years long residence. For long residence ILR you must have valid leave for the full 10 years, there is no discretion.

What wanderer was saying if that HO are now very aware of applications that migrants don't qualify for being submitted just to try 'buy some time' and they are being refused much quicker than in previous years.

Yes, better put than I!! Thanks Char....

Dear Wanderer & CR001,

I have a question, I need to cover 3 months to get to the ilr on 10 years route. I don't know whether to submit FLR O or FLR FP :/ I'm extremely confused. My understanding is that in most cases UKV&I doesn't give in country right of appeal & certify the claims.

If that happens, does it mean the clock towards 10 years lawful residence stops ?

Please shed some light, thx

Yes, certification stops you accumulating 3C leave

I am not a legal expert, but I've read a successful case of a Russian national with 9 years of legal stay and were able to extend her visa outside the rule. Applied at the age of 29.
Not sure if it is going to be any help but the case number is
IA/14008/2013 (decided on Oct 2014)
published by upper tribunal decisions.

That's a pre-2012 application, decided on the old Rules

avjones wrote:Yes, certification stops you accumulating 3C leave

Please correct me if I am wrong as I am a layman. I need to spend 3 months in total before I qualify for Set LR on 10 years route.

So here it goes, If I make the FLR O application buy a month or so obviously that time can be prolonged subject to the biometric request. Before the HO decides on my FLR O application I will vary my application to FLR FP buy additional time and hope that HO does not conclude the decision on my case.

Can we vary the out of immigration application before the decision ? i.e from FLR O to FLR FP?

If that happens, can I later vary my application on PEO to Set LR ?

I am also wondering if you can provide me the reference for this through immigration rules. Thank you