eligibility - 10 year long residence route

Please help me. Can I apply for ILR under 10 years long residence route. My timeline of stay is below.

8th May 2010 - 18 Jan 2011 - Tier 4 (student) main applicant
19 Jan 2011 - 29 Feb 2011 - out of country
01 March 2011 - 04 Feb 2019 - Tier 1 (General - old category) dependent
05 Feb 2019 - 03 June 2019 - out of country
04 June 2019 until now -Tier 2 (employer sponsored visa)

During the period of 01 March 2011 - 04 Feb 2019 I applied for ILR in Feb 2016 and the refusal was received in Dec 2018. After submission of Admin review, it was refused on 9th of January 2019. Hence I returned to my country on 04th of Feb 2019 in order to switch to Tier 2. There has not been any overstay during the period.

Can someone please advice me whether I am eligible to apply for ILR under 10 years route. Many thanks.

Why was the ILR refused under Tier 1G for the main applicant ? Tax amendments ?!

No amendments, but the amount of profit declared was lower.

Anu1980 wrote: ↑

Wed Jun 03, 2020 8:23 am

No amendments, but the amount of profit declared was lower.

So it was refused due to deception ? What was the discrepancy in declared profits ?

Thank you for your reply.

refused under paragraph 322(5), and 245CD(b) and 245CD(g) with reference to Appendix A and paragraph 19(i) and 19(j) of Appendix A of the immigration rules.

Anu1980 wrote: ↑

Thu Jun 04, 2020 7:59 pm

Thank you for your reply.

refused under paragraph 322(5), and 245CD(b) and 245CD(g) with reference to Appendix A and paragraph 19(i) and 19(j) of Appendix A of the immigration rules.

If they were refused under false representation 322(5), then you as the dependent would also be affected. Time spent under Tier 1G visa will not be considered lawful under long residence and may lead to refusal of SET(LR)

Many thanks for the reply. Could you please clarify these for me. After ILR was refused, Admin review was submitted and it was refused on 9th of January 2019. I went back to my country on 4th of February 2019. Is Time spent in the UK after Admin review refusal counted as continues residency? Am I recognised as 'left with leave to remain'.

Is Time spent in the UK after Admin review refusal counted as continues residency?

No, you became an overstayer if you had no valid visa at that time.

Am I recognised as 'left with leave to remain'.

No, if your visa already expired, you did not have 'leave to remain'.

My solicitor asked me to leave within 30 days after the admin review refusal. Does this count as over staying?

When AR failed and you visa had already expired, you were an overstayer.

Many thanks for the reply. What if my wife applies for ILR under long residency. She stayed here after AR refusal and applied for FLr(FP). Will she get a refusal due to Tier I ILR refusal reasons?

Anu1980 wrote: ↑

Thu Jun 18, 2020 3:13 pm

Many thanks for the reply. What if my wife applies for ILR under long residency. She stayed here after AR refusal and applied for FLr(FP). Will she get a refusal due to Tier I ILR refusal reasons?

Yes she will be refused