8 and half year in UK and article 8?????

[Momi]

Hi guys
I'm asking this question on the behalf of my friend. He came to UK in 2007 and now he has completed 8 and half year. He applied for tier 1 which was refused and he doesn't want to go on JR.
Situation is that he has 3 years old boy and he has bought his own house couple of years ago. His all family is living in UK on refugee visas including his mother and brother. He went to his home country only once in these more than 8 years for 15 days.
What option he has? Some say him to apply under article 8. Some say to claim asylum. But he doesn't know who to listen.
Can you please give him any good advice?

[secret.simon]

He came to UK in 2007

On what basis did he enter the UK?

he has 3 years old boy

Is the child a British or EEA citizen (through the mother)?

His all family is living in UK on refugee visas including his mother and brother

From which country are they seeking refuge? Assuming that the reasons for the refugee status of his family are valid, why has he not claimed the same status already?

[Momi]

Thank you for your message.
He came on student visa.
Child is not British but born here.
He and his family is from Pakistan.
His family came in 2012 and got refugee status in couple of months.
He was on tier 1 and he didn't feel like going to asylum. But it was his own choice.
What option he has now?
One famous solicitor said yesterday to apply ILR and attach as many documents as possible like property papers, copy of family BRP and many more.

[Casa]

The 'famous' solicitor doesn't appear to specialise in immigration law. Your friend doesn't qualify for ILR as he has no legal status in the UK. You say that he entered on a student visa and later applied for a Tier 1 visa which was refused....but you also say that 'he was on Tier 1'. Which is correct?
Assuming he is married, what nationality does his wife hold?

[Momi]

He was on tier 1 psw before and later he applied for tier 1 entrepreneur which was refused.
His wife is Pakistani national.
Any suggestions?

[CR001]

Does his wife have any visa to be in the UK?

What was the refusal for the Tier 1 Ent application and did he appeal etc?

[Momi]

The 'famous' solicitor doesn't appear to specialise in immigration law. Your friend doesn't qualify for ILR as he has no legal status in the UK. You say that he entered on a student visa and later applied for a Tier 1 visa which was refused....but you also say that 'he was on Tier 1'. Which is correct?
Assuming he is married, what nationality does his wife hold?

Wife had dependant visa.
He still has option to apply for AR then JR.
Home office refused him on not genuine basis whereas he has a big office and he is genuinely doing financial consultancy for last 3 years. He also has 12 employees since last 2 years. And more than 500 clients.
120k in his business account. Has turn over of 28k every month.
Still home office not satisfied.

[CR001]

If he meets all the requirements for Tier 1 Ent, then he should not have had a problem. Obviously, he failed to meet something. Unless you know and share the refusal reasons, no one can answer you on that issue.

When was this visa application refused (date)?

It might be easier if your friends registers on the forum and posts himself.