ILR eligibility with Tier 2 curtailed

[scac59414]

Hello, I have a maybe quite difficult situation, and I want to know whether I am eligible to apply ILR. I have been living in the UK for almost 9 years without overstay, but I have had 2 tiers, and between them a gap of 4 months due to first one curtailed. I have applied my information held by UKVI, and I will list some details below:

1. my first Tier 2 Visa was on January 2014, which I been given a Tier 2 with expiry date February 2017

2. I left the first company in April 2016, and get curtailed to September 2016.

3. I was interviewing with my second company since April 2016 and they were renewing Tier 2 sponsorship licence. and then due to delay of home office and all those cos stuff I applied further leave to remain (FLR) just 2 days before expiry of my visa

4. Later withdrawn the FLR and applied new Tier 2, which refused once and later applied again finally I was given a new Tie 2 on January 2017 with expiry date of January 2020

During above mentioned steps, it was mainly because home office was slow, and I had no over stay. The whole process was with a solicitor.

Until Now, I have been in the UK on Tier 2 visa (had a gap September 2016 to January 2017) since January 2014 without obtaining other visa.

Am I still eligible to apply ILR? The solicitor helped me can not give definitive answer. Any answer is appreciated. Thank you

[zimba]

Later withdrawn the FLR and applied new Tier 2, which refused once and later applied again finally I was given a new Tie 2 on January 2017 with expiry date of January 2020

Did you withdraw the FLR or vary to Tier 2 ??
If you withdrew then got a refusal your continuous period is broken and you were an overstayer between date of withdrawal and the date of Tier 2 grant in Jan 2017.

[scac59414]

Later withdrawn the FLR and applied new Tier 2, which refused once and later applied again finally I was given a new Tie 2 on January 2017 with expiry date of January 2020

Did you withdraw the FLR or vary to Tier 2 ??
If you withdrew then got a refusal your continuous period is broken and you were an overstayer between date of withdrawal and the date of Tier 2 grant in Jan 2017.

Yes, withdrew the FLR. Because COS was allocated, so we submitted a Tier 2 application.
The Tier 2 was refused due to labour market test was back in April, so we did another Tier 2 visa application. But based on what the solicitor said, I was not overstayed...

So confused

[zimba]

Your section 3C ended when you withdrew the FLR application and applied for a new Tier 2. This is when you became an overstayer. However your Tier 2 application was refused. If what you claimed are true, your solicitor does not seem to have a clue.

[scac59414]

Your section 3C ended when you withdrew the FLR application and applied for a new Tier 2. This is when you became an overstayer. However your Tier 2 application was refused. If what you claimed are true, your solicitor does not seem to have a clue.

Thank you for being so patient answering.

If you are not bothered, now is more details:

1. 1st visa was from 24/01/2014 and was curtailed to 25/09/2016.
2. We submitted FLR in 23/09/2016, and during it was still processing, we got COS
3. so we applied Tier 2 on 20/10/2016, withdrew the FLR on 31/10/2016 (well that is base on record from UKVI), but this Tier 2 was refused on 13/12/2016
4. we applied Tier 2 again on 20/12/2016 and been given new Tier 2 on 18/01/2017 which I have been use since.

So I have been in Tier 2 since 24/01/2014 to now without any other visa.
But there is a gap between 25/09/2016 to 18/01/2017

[zimba]

As you withdrew the FLR, your section 3C ended on that day. The overstaying period is then between 31/10/2016 and visa grant on 18/01/2017 which is longer than 28 days. This breaks your continuous residence as I see it.