If my 3C breaks still I completed 10yrs what should I do

[Zafrin]

Hello Everyone,

First time writing in this blog for suggestions regarding my friends ILR. He entered in UK Oct 2009. Successfully completed his graduation and post graduation by 2016 . After that made an SET 0 application to
Ukvi. Which is dismissed on upper tribunal end of July. Then he applied within 14 days period as a tier 4 dependent. The Application is refused now on administrative review. His 10 years is completing on 1 Oct 2019. What he can do regarding his ILR. Is his 3C breakdown

[zimba]

SET(O) does not lead to appeal rights for most cases. Based on what conditions he applied under SET(O) in 2016 ??
Even if we assume he had section 3C until he exhausted his rights, he became an overstayer in July so he does not have 10 lawful years.
See refusals based on Ahmed's vs HO case: indefinite-leave-to-remain/ilr-10-years ... 81021.html

[Zafrin]

When his appeal right exusted he made another tier 4 dependent application within 14 days period . According to 39e if he wasn’t counted overstayer then what will happen to his I Lr application. Many thanks for your support

[zimba]

When his appeal right exusted he made another tier 4 dependent application within 14 days period . According to 39e if he wasn’t counted overstayer then what will happen to his I Lr application. Many thanks for your support

I already answered that. Courts have made it clear that if you do not have 10 lawful years you fail the conditions for SET(LR). Paragraph 39E applies to periods of overstaying between any periods of leave. This means in order the paragraph 39E to be applied, the tier 4 dependent application must first succeed.

[Zafrin]

Thanks for your reply. His tier 4 dependent application was refused and he did the review. In his review the HO withdraw the reason of refusal and sent to the Case worker for reconsideration. Now his tier 4 dependent application is live . Is he able to vary the application to ILR in 10 years route as his 10 years is completing in 1 Oct 2010. Pls advice

[zimba]

Thanks for your reply. His tier 4 dependent application was refused and he did the review. In his review the HO withdraw the reason of refusal and sent to the Case worker for reconsideration. Now his tier 4 dependent application is live . Is he able to vary the application to ILR in 10 years route as his 10 years is completing in 1 Oct 2010. Pls advice

What do you mean live ??! He has no section 3C and has been an overstayer since July. The fact that his out-of-time application is being reconsidered is irrelevant. He has to wait and get a his visa first (regularise his leave) then apply for ILR

[Zafrin]

Many thanks for your advice. But his solicitor is advised that he can vary his application to ILR though HO withdraw the refusal and sent back to caseworker for reconsideration . So solicitors telling the application is still pending and he can vary to ILR bcs his 10years is approaching in 1 Oct 2019. If in case his dependent application is refused for a new reason what possible action can he take. Sorry if I m bothering you. As you know it’s a matter of life for a person whose family is fully depends on him

[zimba]

He cannot get ILR if his application is refused. I already pointed out that varying an out-of-time application has no merits. I suggest him to remind the solicitors that the case law (the judgment in Ahmed's case and others) are clear that the SET(LR) will fail if they vary an out-of-time application to SET(LR) as he will fail the requirement of 10 years of lawful residence. I already posted the discussion to the case law above. I am afraid I cannot continually repeat this