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Could you please let me know am I eligible to the 10 years long residence route to apply indefinite leave to remain (ILR).
My visa history as below,
I came to the UK on 06 June 2010.

Visa Granted as below
Tier 4 Student Visa Residence 15-05-2010 to 08-11-2010
Tier 4 Student Visa Residence 28-11-2010 to 28-02-2012
Tier 1 Post Study Work Visa 15-05-2012 to 15-05-2014
Tier 2 Work Visa Permit 05-06-2014 to 27-05-2017
Tier 4 Student Visa Permit 25-04-2018 to 31-05-2020

Tier 2 Work Visa Extention applied on 11-05-2017, Then Home office visit to the company before granting the Tier 2 visa, interview all Tier 2 staff and management, then send me a letter saying due to exceptionally complex situation my decision cannot provide within the 8-week normal period. Then, later home office suspended the company licence around 05-09-2017 and asked to provide valid reasons for the issues, we have provided the information, however, home office not satisfied and revoked the licence on 08-12-2017. Since May 2017 my passport with home office, most of the visa advisor said that I cannot apply for any other visa other than Tier 2 visa. They said the home office send my passport to the airport and visa refusal letter soon. Around Early December 2017, I managed to apply for MBA courses. One of the University approved my MBA application, Then with the help of the university, I have varied my Tier 2 visa extension application to Tier 4 student visa on 16-01-2018 and enrolment to the biometrics on the same day. As I applied for visa on 16-01-2018, I attended to University Studnet registration started on 17 January 2018 as a full-time student.
Then later, I received the Tier 2 visa refuse letter from the home office dated on 22 January 2018. Then again, the home office sent me a letter in March 2018 saying they are considering my new Tier 4 application and invites me for an interview. I had to bring my NI number and Biometric information. The interview lasts around 15 mints and asked all about my MBA course and why I want to do an MBA and future plans. After that, I got my Tier 4 Student Visa Permit from 27-04-2018 to 31-05-2020.
At the moment, I have finished my work placement and doing a parttime job.

I also have some queries to clarify.
1. Could you please let me know am I eligible the 10 years long residence route to indefinite leave to remain (ILR)?

2. I have granted my student visa until 31 May 2020, However, my course will end on 31 March 2020. Will I get visa curtailment as I am close to 10 years ILR route?

3. May I know is there any impact of past tier 2 visa refusal and gaining Tier 4 visa for ILR?

4. Am I breaking any Tier 2 visa regulation as I started an MBA before my Tier 4 visa granted?

5. Not sure is there any visa regulation break on the date I started the course which is 17-01-2018 without waiting for refusal of Tier 2. However, I applied Tier 4 on 16-01-2018.

6. Until the refusal of Tier 2 on 22-01-2018, Do I have rights of Tier 2 visa or Tier 4 new visa rights?

7. In case, if I have only the Tier 2 visa rights until the refusal on 22-01-2018, Will that give me any permission to start the MBA?

8. Is it possible for my wife to apply for the dependent visa on the same date I applied the ILR or she has to wait until I get the ILR? .

Please feel free to contact me if you need any further information.
Thank you very much for your consideration and time.

1. Could you please let me know am I eligible the 10 years long residence route to indefinite leave to remain (ILR)?

You should be

2. I have granted my student visa until 31 May 2020, However, my course will end on 31 March 2020. Will I get visa curtailment as I am close to 10 years ILR route?

Maybe

3. May I know is there any impact of past tier 2 visa refusal and gaining Tier 4 visa for ILR?

As you varied your Tier 2 visa to Tier 4, there was no refusal

4. Am I breaking any Tier 2 visa regulation as I started an MBA before my Tier 4 visa granted?

No

5. Not sure is there any visa regulation break on the date I started the course which is 17-01-2018 without waiting for refusal of Tier 2. However, I applied Tier 4 on 16-01-2018.

Under Tier 2 you can study

6. Until the refusal of Tier 2 on 22-01-2018, Do I have rights of Tier 2 visa or Tier 4 new visa rights?

As you varied your Tier 2 visa to Tier 4, there was no refusal

7. In case, if I have only the Tier 2 visa rights until the refusal on 22-01-2018, Will that give me any permission to start the MBA?

Under Tier 2 you can study

8. Is it possible for my wife to apply for the dependent visa on the same date I applied the ILR or she has to wait until I get the ILR?

Long residence has no concept of dependant. When you get your ILR, your wife must switch to a family route visa. If she makes more than £18,600 she can switch to 5 year route FLR(M) or else to the 10 year route FLR(FP)

Hi Zimba,

Thanks for your quick response, Could you please recommend me a legal adviser to get help regarding my complex situation.

As per the home office guidance, guidance states that a person on a Tier 2 visa can study providing that it does not interfere with the work that the Tier 2 visa has been issued for. Obviously, I was not working by the time my MBA course commenced since the sponsor licence for my employer had been revoked. However, I do not know whether that then gave me the right to start to study before the Tier 4 visa was issued. If I were not allowed to, then that would have been in breach of the conditions of the Tier 2 visa, which might, therefore, have an impact on the decision made on my ILR application.

Any comments regarding this matter, really appreciate your kind attention.
Thank you.

We cannot suggest legal advisors. You are overthinking this for no reason. Simply apply for long residence

Thank you, really appreciate your reply.
As per above story, Do you think I am eligible to apply 10 year ILR,

Why do you think that I may be get visa curtailment.
( please refer comment of your previous reply)

Yes. Apply within 28 days of completing your 10 years. Curtailment depends on your university and if they report it to UKVI. Curtailment takes several months and I assume by that time you will be eligible for ILR

Hi Zimba,

Thank you very much for your clarification.
I

Before I granted my lasted student visa on April 2018, I went to interview with home office. With my SAR request I also request those interview notes. With the document pack I received from home office they said, they do not have my Tier 4 interview transcript or records. I want to know is it impacting to my ILR application?

If they do not have any record of my Tier 4 interview notes, can they later said that that found the information when I apply to ILR and can they use any points in that interview transcript to disqualify my ILR application?
As I do not have those transcript to check not sure what information they recorded over there.

I am appreciate any feedback from expert panel.

Thank you very much for your time.

Hi Zimba,

I got immigration advises regarding this matter and my immigration advisor is not sure whether I am qualifying due to some issues with the start date of Master degree.

My visa history as below, ( All visas applied before the expiry date)
Tier 4 Student Visa Residence 18-05-2010 to 06-11-2010
I came to the UK on 04 June 2014.
Tier 4 Student Visa Residence 26-11-2010 to 28-02-2012
Tier 1 Post Study Work Visa 11-05-2012 to 11-05-2014
Tier 2 Work Visa Permit 05-06-2014 to 25-05-2017
Tier 2 Work Visa Extention applied on 10-05-2017, a home office visit to the office and interview all, send me exceptionally complex issue letter to decide my visa after 8 weeks of the applied date, Suspend licence on Sep 2019, give time to provide information, then suspend the licence on December 2019. no communication regarding my visa until 22-01-2018 ( 22 Jan 2018 received the Tier 2 visa refusal letter.
Before I received refusal letter for Tier 2 apply the Tier 4 Student visa on 16-01-2020 given the biometric on the same day, attend to the lectures from 18-01-2019, received Tier 2 refusal letter dated on 22-01-2018. then attended an interview on March 2018 before getting Tier 4 visa.
Then Tier 4 Student Visa Permit granted from 23-04-2018 to 31-05-2020

The SAR request, I received did not have any information regarding the Tier 4 interview that I went on March 2018. My immigration advisor saying I should not start the course until my Tier 4 Student Visa received. Therefore they are unsure about my ILR.

Please refer my immigration advisor feedback after they reviewed my SAR and all UK visa history.

"However I am non the wiser as to whether you should have started studying for your Master Degree before getting the Tier 4 visa approved. Therefore I do not know if this would be an issue when you apply for ILR. One way to look at it is that as you were not working, since the sponsor licence of your employer had been revoked, that as study was not getting in the way of any work, you were therefore not in breach of the conditions of a Tier 2 visa. On the other hand, you could say that you should have waited until a decision had been made on your Tier 4 visa before you started to study for the Master’s Degree. I would suggest that you contact some other immigration firms to get their opinion and then you can make a decision as to how you wish to proceed."

I really appreciate your valuable feedback.

Advice remains the same. This is a minor issue and it is very unlikely that UKVI question you on this issue. Wasting time on this minor issue is not productive.

Thanks for your clarification