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I came into the UK in April 2007 as a student and had a pretty straight forward renewal until 2013 when i became a Tier 2 dependant. My wife's organisation lost their licence and we had to look for another sponsor but we still have our valid visa. We got a new sponsor and did an in-time application but the application was refused and subsequently the Administrative Review was refused too. We had 14 days to do something, which we did. We filed for a Judicial Review and had about 7 months of battle with the Home Office until, they (Home Office) withdrew the case from court and gave us 2 months, Leave Outside The Rules (LOTR) for my wife to look for another employer. All these while, my wife was not in any employment as i was the only person working to assist our family with two kids. The week the Home Office sent a consent form to sign for us to settle out of court was the same week they contacted my work place that i was working illegally during the period of Judicial Review because my visa had expired. I was dismissed and had no job till date. After searching for a new employer without no joy, we submitted an in-time application based on Private life since July 2016 and yet to receive any correspondence since then though we had our biometrics.

My question: Can i apply for the 10 years legal route now that i am qualified? Do i stand any risk if i withdraw my initial application and submit another based on Long Residence considering that the application fees is mental? I have passed Life in the UK Test and have an English test (IELTS) which i did some 3 years ago. Will this be enough for me to submit a fresh application? Please Help

You did not have leave for more than 7 months which means you have no 10 year continuous legal residence private life. You also broke the immigration rules by working illegally when you had no valid leave. On what basis do you think you are eligible for a visa or even an ILR ??

I respectfully don't concur with the view of Zimba.

The fact that the impugned decision was withdrawn and reconsidered, indicates that Section 3C was engaged as the application was at all time unlawful and was pending awaiting lawful decision.

Therefore i think a basis may exist for an argument under the Long residence provision.

You also have a right to work, and an argument can be made, that you always had a right to work, as the Admin Review decision was at all time unlawful, which was presumably why it was withdrawn, and leave granted.

Obie wrote:I respectfully don't concur with the view of Zimba.

The fact that the impugned decision was withdrawn and reconsidered, indicates that Section 3C was engaged as the application was at all time unlawful and was pending awaiting lawful decision.

Therefore i think a basis may exist for an argument under the Long residence provision.

You also have a right to work, and an argument can be made, that you always had a right to work, as the Admin Review decision was at all time unlawful, which was presumably why it was withdrawn, and leave granted.

+1. Re ur question, yes there is a risk. But then, there are always risks even with some straightforward applications. My suggestion is to go ahead and apply. Beef up ur application with Art8 EHRC if you have children. Be subtle with how you engage S120 points. Do not sound in the application as if you think there is any existing problem/risk. Psychologically, this tends to help ur application with the caseworker with particular regard to why you should at least be given a DLR. Remember, subtlety is important especially if you didn't mention the points at ur Private Life application stage. Good luck.

Thank you for your replies. Like i stated earlier, all my applications were in time applications and for the fact that the Home Office settled out of court and paid all our legal fees meant that there was an error of judgement considering the decision to refuse the Tier 2 application which dragged on for 7 months+. I believe the 2 months Leave Outside The Rules (LOTR) is with section 3C which should have negated any reasons for me working during those periods that the initial application was refused.
Please, i am opened to suggestions because i do not want to fall a victim of the Home Office because the fees are just too ridiculous for a premium service.

Update:
I did a Premium service last week Thursday at Scotland and my case was pending to confirm that the period of Judicial Review is counted towards my 10 years long residency, though the case worker said she felt it should be counted because we won the Judicial Review but she needs to contact a Senior Case Worker for that. It's some days now and i'm yet to get a response. Any thought about this?

I was meant to have a court hearing on an ILR application on Monday 18th June 2018. I have waited for 8 months for this date. Few days, precisely on Tuesday 12th June 2018 i got a letter adjourning the case till October 2018. Please knowledgeable members, what must have caused the sudden u-turn in the date of my hearing or is it that the Home Office are upto something or the courts are unable to cope with number of cases. I am confused and the same time anxious as I have no clue what is going on. Please help with your contributions and experience. Thanks

IS this a judicial review case?

No, it is not a judicial review. It is an appeal for refusal on Long Residence application which I believed the HO was wrong to refuse. I have sent in my bundle and was waiting patiently for the court date next week until I received an adjournment bombshell.

My brother hearing was adjourned three times until finally his appeal was allowed. His wife adjournment was just applied a day before the hearing (yesterday) and today adjournment grante for her.