ilr refused, residing for 14 years but approved later

hi , i have been here for nearly 11 years, in uk.
first in student visa, 2008
again extension of that, 2010
applied psw and got invalid and the application became out of time (2011)
2nd time rejected as invalid , because of no photos and after 10 months from the very first application got the visa(2012)
in 2014 entered work permit 2 years after psw expiry, following visa, whch is wp was curtailed by ho (2016)
applied for flr(0), home office later claimed that they sent a biometric invitation letter and i didn't submit it. in reality nothing was received and ho send another letter giving an opportunity by asking to submit a fresh application and i did(2017).
it was rejected as no grounds (march 2018)but again HO didn't send the results, when i received SAR results only i knew, but before that itself i applied for flr(lr), though its after their decision making date(as mentioned 2018 march) , but without knowing(but received the ihs refund in bank).

SAR reveals that my older solicitor was asked for my photos and he didn't even ask me and informed the homeoffice i wasn't found and homeoffice rejected it as invalid and asked to submit a fresh psw application in 14 days and the same me wth the same solicitor applied for it and homeoffice can't even think how was it possible, how was i found again?

Even result of FLR(LR) in feb 2019 came with explanations from out of time applications in 2012, in 2017 and 2018, with no right of appeal. my solicitor said for 2017 matter they can provide an affidavit, as the biometric invitation letter was not received. though homeoffice made the rejection of FLR(0) application in 2018, they didn't communicate to any of us, thereby jeopardising my opportunity to apply in time for a student visa or wp. i applied for a jr as no right for appeal was given(ho clearly mentioned in the letter as an immigration judge will reject even if i had been given the right to appeal as i have breaks). now requested for a hearing date directly
can i ask whose mistake is here, why am i not given right to appeal(in country), what should i do, my point is they didn't communicate whatsoever jeopardising my opportunity to get any further visa

You do not have continuous lawful stay to be eligible for FLR(LR). What was the basis of your FLR(O) in 2016 ??

Based on human rights , actually was looking to get a tier 2 sponsor , but my question is before the result came I varied it to for(lr) , though homeoff9ce claimed in sar that they made the decision before I applied , I understood that because of sar results. My question is why I was given no right of appeal and when they took the decision in 2018 and didn't communicate, they did a mistake by not giving my opportunity to seek anything else am I right ?

Zimba , you said I got no cont residence, but it's ho's mistake that the made it as invalid in 2017 (FLR o) as they didn't sent the biometric invitation letter to me or solicitor, that's why they said they can give affidavit

Your 10 year continuous stay was broken because of the invalid applications in 2011. Solicitor's failure to inform you properly is not HO's fault. Your FLR(O) also had no grounds and you should have asked them to send you a decision letter again rather than applying for a new application. You seem to be trying to stay in the UK without any grounds and mismanaged your applications along the way

I was trying to reach the 10 year period and after varying to flr(lr) only the results of subject access request came, so I didn't know it was rejected before the application

does it change anything , even only SAR told me everything in 2018 after the lady application , about the solicitor's case too. I am quite genuine in everything i did. I'd there any chance because they didn't inform me and in the letter of rejection in 2019 only ho mentioned in 2018 flr (0) was rejected and the last application was out of time. But they have to inform me then , thereby they jeopardised my chance of applying and getting any visa

You did not have 10 years of lawful residence. Your FLR(O) application was baseless and without any merits. Your FLR(LR) was also out of time and you did not qualify for it to begin with, again without merit. I suggest to follow through with your JR.

Thanks zimba, even jr was rejected and we requested for oral hearing and waiting for that to happen, but I know 2012 matter can be forgiven , but when they kept the decision with then and when i varied July 2018 with flr(lr), they are saying it's out of time because of decision being already taken in 2018 may ( that one hadn't been communicated and the invalidity happened just before in 2017 was also their mistake by not sending the biometric invitation letter , solicitor confirmed that and ready to give me afidavit). They just jeopardised my chances to get a new visa of any form and no I can't get any visa because it will beconsidered out of time application and again broken the lawful continuous residence which would have started in 2012 aug. What you think the jr would be , can't I raise this point . I have opportunities in 2018 and I was just thinking, that FLR (fp) would take me up to 2018 aug.

You can raise these points even if we assume they accept it you did not have lawful residence for 10 years due to mistakes in 2011. The best you can hope for is for them to offer you leave outside the rules

Im hoping it and that is my only hope though I have no say in what happened in 2011. I consider my self so unfortunate , but what you think , this is not with a right to appeal , I'm just mentioning it again bmy case
2008 student visa entry
2010 student visa extension
2011 it expired , and applied for PSW it got rejected as invalid in 2012 January
Applied again in Feb 2012 witin14 days as ho mentioned
2012 aug stamped psw
2014 aug wp
2016 it's curtailed and I put FLR (fp)
2017 it got rejected invalid as no biometrics entry. ACTUALLY NO INVITATION HAD COME TO SOLICITOR AND they are ready to give an affidavit for that , this solicitor is completely different one , reputed and not dodgy.
So applied flr (FP) again in 14days as fresh claim as ho mentioned
In July 2018 varied to flr(LR), I don't have life in UK test and my passport was already with ho
In 2019 got it rejected and in that it's explained all
Even In last year August I knew from sar results that 2011 matter and in 2018 may they took decision o. Flr(FP).
My point is it's their mistake that they claimed I have been sent biometric invitation letter in before making it invalid in 2017 and in 2018 they kept the decision in file not communicated it to me thereby jeopardising my opportunities to seek any further visa and made me an overstayer. This is my point

dear zimba , do I need to hope or expect , what's your thoughts, it's not my mistake , I had no idea that I was in an unfortunate style in 2011 even. Now only hope is outside the rules

Even if we ignore the 2017 and 2018 case, you still do not have the lawful residence required. I am sorry for not being able to help much more but as I suggested, you should make this case in the court. The judge may see the failures of the HO and grant the appeal so you could have a chance for limited leave

You meant jr, I believe
Honestly I don't know how it worked , my solicitor asked for 1500 £and a barrister made the grounds , I couldn't see anything specific , just said mistakes happen , I don't even know they did see this things which I saw . I paid 385 later because call from solicitors office said it's rejected and we need to request for oral hearing and it's court fees. Am I or barrister is going to tell this in court or Infront of judge. Did you mean this zimba, please

I mean the person who will represent you in the court

Sorry zimba, i know you meant it ,
but am I/ barrister or both going to court , is it court or just a room with judge I have no idea of anything , and
Do you think I can succeed , you read all those , you must have something in your mind
And
What you meant by limited leave ?

I do not have any experience of this and cannot tell you what to expect. It is up to the judge and your circumstances. Your barrister must demonstrate that HO did something unlawful. Limited leave means anything other than ILR

thanks zimba, i will post here what happens anyway

i am still worried, i point all these to my solicitor, so he told we can tell the points but he doesn't think i would get even a limited leave based on this. because jr is to challenge 2019 decision, can you please help me. i have done no mistakes till now

Can any experts replay please, I'm so dishearted, how do I say the points in the oral hearing , my solicitor said the jr was for the last refusal. When home office does mistake who can I ask if no appeal is even granted ? Can someone answer it please

hello,
I'm an indian entered in U.K. in 2008 using student visa, extended, continued the studies upto 2011 then applied 2011 Nov for PSW and refused as invalid, twice. Reson for invalidity no photos even upon homeoffice's request to my application dealing solicitor. finally in 2012 got PSW in Aug 2012.

Then in 2014 work permit, curtailed in 2016, in may 2016 within that 60 days period applied for FLR(o), but home office later in claimed that they sent a biometric invitation letter and i didn't submit it. in reality nothing was received and ho send another letter giving an opportunity by asking to submit a fresh application and i did(2017).

it was rejected as no grounds (march 2018) but again HO didn't send the results to me or solicitors, when I received SAR results only I came to know, but before that itself I submitted an application for flr(lr), though its after their decision made date (as mentioned 2018 march), but without knowing it was made (received the ihs refund in bank then only I knew).

SAR reveals that my older solicitor was asked for my photos and he didn't even ask me and informed the homeoffice I wasn't found though looked for and homeoffice rejected it as invalid and asked to submit a fresh psw application in 14 days and the same me wth the same solicitor applied for it and homeoffice can't even think how was it possible, how was I found again by the previous solictors?

Even result of FLR(LR) in feb 2019 came with explanations from out of time applications in 2012, in 2017 and 2018, with no right of appeal. went for judicial review an don that day in court I decided not to go further as the barrister told me, that was going to squander my money.
I have been in a relationship with my European girlfriend since that time and just sent a statement to home office to reconsider my application. Nothing mentioned about my girlfriend. In 2021 Jan homeoffice asked for my medical history so that they could consider me in compassionate circumstances. I requested my Gp but it didn't come on time and I that time had already completed 2 years with her and replied to home office that was the reason why I couldn''t go back and explained about the no avail of medical history. The results hadn't come out yet. Homeoffice explained though its 6 months these type of application/cases has no time limit. what are my chances of getting ILR. I am not depressed and down completely and on depression medicines and relationship started affecting with my low mood

manojj wrote: ↑

Tue Oct 05, 2021 4:03 am

what are my chances of getting ILR.

Extremely slim to none.

You have quite a few invalid applications. Invalid applications don't count for the purpose of extending Section 3C leave. That means that each time there was an invalid application, there was a break in the continuity of your legal residence and hence your ILR(LR) clock would reset to zero.

manojj wrote: ↑

Tue Oct 05, 2021 4:03 am

applied 2011 Nov for PSW and refused as invalid, twice. Reson for invalidity no photos even upon homeoffice's request to my application dealing solicitor. finally in 2012 got PSW in Aug 2012.

If the 2011 application was invalid, that means that your ILR(LR) clock reset to zero at that time and only started from zero in August 2012.

manojj wrote: ↑

Tue Oct 05, 2021 4:03 am

Then in 2014 work permit, curtailed in 2016, in may 2016 within that 60 days period applied for FLR(o), but home office later in claimed that they sent a biometric invitation letter and i didn't submit it. in reality nothing was received and ho send another letter giving an opportunity by asking to submit a fresh application and i did(2017).

This part is unclear, but if that application was rejected as invalid, then again, the ILR(LR) clock would have reset to zero and would have restarted from zero when the subsequent leave was granted.

manojj wrote: ↑

Tue Oct 05, 2021 4:03 am

I have been in a relationship with my European girlfriend since that time

Being in a boyfriend/girlfriend relationship with an EEA citizen does not count for anything, unless you were either married to her before 31st December 2020 (in which case the right to reside in the UK would have been automatic after the date of the marriage) or had applied for an EEA Residence Card as her durable partner before 31st December 2020 (in which case the right to reside in the UK would have started after the date of grant of the EEA Residence Card).

Keep in mind that for ILR(LR), you need 10 continuous years of legal residence. While a valid in-time application would extend Section 3C leave and therefore maintain continuity of leave, an invalid application does not do either of the above.

The way I see it, assuming that the various applications you had made were indeed invalid, you have no chance of getting ILR(LR) till the 10th anniversary of the leave given to you in 2018.

EDIT: This post was written before the thread was merged into the older thread, where it seems that @Zimba had already given the same advice.

On a separate note, a solicitor acts as your attorney. Their mistakes are your mistakes. The most you can do is report them to the OISC and/or the Law Society. But, while they were acting as your attorney and filling in and managing your applications, their mistakes are your mistakes.

but i'm living with my partner for over 2.5 years, is that not enough. without marriage can you apply for a resident card?

manojj wrote: ↑

Tue Oct 05, 2021 10:58 am

but i'm living with my partner for over 2.5 years, is that not enough.

No.

manojj wrote: ↑

Tue Oct 05, 2021 10:58 am

without marriage can you apply for a resident card?

That is a question for the EEA route applications forum. Post the question in that forum about whether you are eligible to apply for an EUSS durable partner Residence Card.

It is likely that you are not. Firstly, there was a deadline of 30th June 2021 to have made such applications.

Also, you need to have lived with the EEA citizen in a relationship akin to marriage (with shared finances, joint bills, etc) for two years before 31st December 2020. If you are just completing 2.5 years, you likely do not meet the requirements.

Also, the way I understand it, you need to have been legally resident in the UK on some other basis for the entirety of those two years that you were residing with the EEA citizen. Was that the case?

But in any case, if you are issued an EUSS residence Card, your ILR clock will start after you get issued that card. You will need to remain in the UK with your partner for five years before being eligible for ILR. And your residence rights will depend entirely on your partner. If she were to decide to leave the UK, your residence rights in the UK would cease.

yes, i started living with her since january 2019 and home office already had those bank statements from she and me