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I need advice for my friend. Your comments/experiences would be appreciated. His immigration history is below:
- He came to UK on 17/02/2007 on student visa.
- He got student visa extension in August 2008 until May 2011.
- He applied for PSW in January 2011 which was granted until 18th Feb 2013.
- On 15th Feb 2013 he applied for human right visa on family basis because his wife had discretionary leave at that time. This human right application on family basis was refused by home office with right of appeal in December 2014. He lodged an appeal and got hearing date in June 2015. Appeal was also refused in August 2015 and he went to upper tribunal which was also refused in November 2015.
- Within 28 days in December 2015 he applied for ILR on the basis of 10 years despite he was in UK for 9 years.This application was refused by in July 2016 with right of appeal. Now he got hearing date in February 2017.
(Just to let you know that in September 2016 his wife also got ILR after completing 6 years on discretionary leave).

I have questions below:
1) Was his continuous period broken after refusal from upper tribunal in November 2015 or NOT?
2) By the time he will go for hearing he would have completed 10 years so what is the likely outcome in this case on hearing date.
3) If judge doesn't allow his appeal, then would he be able to apply again for 10 years basis as he would have completed 10 years by that time provided his continuity is not broken as asked in (1) above?
4) If he has no option after all of the above, then would he be able to apply for spouse visa provided he will not have any valid leave at that point of time which I believe is one of the requirements of spouse visa

Any comments/suggestions would really be appreciated.

Why did he submit an ILR application for 10 years residence when he had only completed 9 years.

This may prove to be his downfall as the HO are frequently refusing leave due to the submission of (in their words) "frivolous and vexatious' applications.

thank you for your reply.
he applied for ILR on 10 years basis even though it was only 9 years because at that time he didn't have any other options as wife was with discretionary leave and his last application which was under human rights was also refused.

Which is why the HO now view applications submitted purely to buy time as 'frivolous & vexatious'.

These face refusals for future visa applications under 320(11) due to 'frustrating the Immigration Rules'. See Section 3 in the link below: vexatious or frivolous applications

https://www.gov.uk/government/publicati ... raph-32011

Thank You for your reply.
Also what is the answer to question 1.
1) Was his continuous period broken after refusal from upper tribunal in November 2015 or NOT

farrukh_70 wrote:Thank You for your reply.
Also what is the answer to question 1.
1) Was his continuous period broken after refusal from upper tribunal in November 2015 or NOT

Fellow moderator Obie is better placed to advise on this.

I will say if the 28days ended before 1st December 2016, then the period from when that 28 elapse to when the application is fibally decided counts towards lawful residence.