Immigrationboards.com

Hello I have a bit of complex case and want advice

2004 entered as a minor-14yrs old
2008/9-realised i didnt have legal status (ie. visiting visa and overstay) started application based on private life/ stay on compassionate grounds etc-refused
2009-2013: various appeals all got rejected (I was able to study and get a degree during this time)
2013-voluntarily left
2015- came back Tier 4 general partner (came back as a wife of my long term partner who i married )
2015- leave to remain as Tier 2 Dependant Partner
2016-gave birth
2018-leave to remain as Tier 2 Dependant Partner.
2019-partner qualified for 10 years (granted
march 2020 you applied for super priority ILR under 5-year spouse route under Appendix FM- got exceptional circumstance email -offered the FLM 30months by email today (as i have 2 different categories in my last 5 years and also my partner settled under a different route) which i declined-lucikily i have been told will get full refund (minus admins fee £25) due to still having visa for over 1 year.

Note:
I am a graduate
I count uk as my home as have no friends back home. I left that young and have lost touch with all (mobile phone not common back then) so all friends as far back as secondary friends are all in uk.
passed life in uk test
both kids now british citizens (one by naturalization, other was born after husband got settlement so got his [passport immediately)
not on benefit with extremely good combine income
my visa runs out 2021 october

error:hubby should have waited for aug/sept this yr (and applied for setllement via tier 2 5 years 2020) before settlement as he also had valid stay till oct 2021. However we like to apply as soon as we are eligible due to immigration rule changing and we didnt realise until this week that the route your partner settles on affect spouse's application. so obviously gutted about that as cant even wait till end of yr/jan to resubmit

My question: I am a bit confused as it stand like I either do long term residency (which is 10months) closer than what i was offered via 2x30,months (hence why i declined- but hey were really nice). I need advice as I just feel there may be another way out based on my long term history...can i used my kids? can I do private life?, will they consider my previous history before I left for 17 months? is there any thing i am not aware of. what are my best options

I just feel these rules are just so unfair
Many thanks
Ruth

You don't qualify for ilr based on 10 years long residnece. To qualify you need 10 years LEGAL stay. It is not about simply living in the uk. You don't have that at all.

For long Residence, your time would only start counting from 2015 when you entered the UK on a tier 4 dependent visa.

The problem is that as your spouse got ilr based on long residence, you have no option but to apply for FLR m spouse visa for 2 X 2.5 years visas, which is why ho offered you that, and you declined.

You didn't qualify for and cannot apply for ilr based on 5 years dependent visa under appendix FM (presumably you completed form Set M) because you don't hold a qualifying visa (ie (FLR M) for 5 years.

You don't qualify for ilr based in 5 years either on your current visa either. You only have the option of FLR M.

However we like to apply as soon as we are eligible due to immigration rule changing

Unclear what rule changes you think relevant.