Ten years legal residency and toiec

[Chimera19]

hello everyone hope all of you fine
Sorry i m new to the site (apologies for mistakes)
I tell you all of my time and history in UK.
Enter to the uk on student visa on Feb 2010
Extended leave on 13nov (2012)till November 2014
Then applied for spouse on 13 agust 2014 and April 2015 refusal came with appeal right...

In decision HO said that i used invalid toeic and they also said that my leave was curtailed in april 2013. (I haven’t recived any letter nor they provided proof delivery letter that it was ever sent)

Anyhow I appealed the decision and challenged both toiec and curtailment letter.
In hearing the judge found me innocent of deception and also said I never received any curtailment letter therefore my leave was not curtailed and was living lawfull in this country.

HO appealed against it and we went to upper tribunal the FTT decision was set aside and was referred back to first tribunal for rehearing on all issues.

I went to court again and HO couldn’t prove anything and the judge cleared me from toiec and said in decision again that my leave was not curtailed and i was never been unlawfully in UK , judge said i had section 3c leave and never been unlawful here.
At the end judge allowed it again on human right ground only.. HO applied for permission to go uper
Tribunal which was refused.
Ho wrote to me that thay made a decision to grant me limited leave to remain they sent biometric letter as soon i did that after 2 days BRP arrived.

25th april (2017) i was granted leaves for 2 and half years..and put me on 10 yeare route under paragraph 27DEA(1)

Now my question is..
Is my previous time gone or 10 years clock is still continue?
If my time is still counting will it be ok to apply under the current route visa for ILR? My current visa is expiring on 02 nov 2019
Shall i make an application under the current route or spouse as i am falling few months short for ILR ?
Also will i be eligible to apply for ILR
If I complete 10 years as you can see above i been through?
Also I heard that they still refusing people whos had a history with toiec even if you previously cleared from courts will it not be contempt for HO if they doing so?
Please anyone they had or faced similar problem ?
Will be glad if you guys give me helpful reply
Thank you everyone

[seagul]

In my opinion your lawful residence for the purpose of ILR under 10 years wasnt broken because court at different stages kept confirming same and then you was also granted the visa later. You should apply the extension under same route to cover the shortfall period left in completing your 10 years. If your application wont be decided until you will complete your 10 years then still you can vary it to set LR. But since your case seems very complex, therefore, you must ask your SAR file from UKVI to check your exact immigration history in their records to better prepare your case.

[Chimera19]

Thank you so much seagul for helpful reply
Just a quick one since i been granted limited leave to remain i been four times abroad and stayed there for 63+33+30+30 in total 166 days
Will it effect my next application and also how i request for SAR from ukvi,, will be great if you share a link.
Many thanks seagul

[Chimera19]

Hello experts please advise
Zimba , vinny, you guys genius please advice
Will be greatly appreciated

[seagul]

Thank you so much seagul for helpful reply
Just a quick one since i been granted limited leave to remain i been four times abroad and stayed there for 63+33+30+30 in total 166 days
Will it effect my next application and also how i request for SAR from ukvi,, will be great if you share a link.
Many thanks seagul

With above mentioned absences your lawful residence is still maintained. Regarding SAR there is no timeline.

[Chimera19]

Thank you so much buddy
My current situation
My wife is British and we got to kids
She is full time student and claiming universal credit which is for her and kids i don’t claim anything as UC people considered me not physically In Uk for that purpose only.
I do work 25 hrs a week so will that be sufficient to show 6 months wage slips and bank statements
For my new application ?
I wish I could write it in above sorry for asking so many questions.
Thank you

[seagul]

Thank you so much buddy
My current situation
My wife is British and we got to kids
She is full time student and claiming universal credit which is for her and kids i don’t claim anything as UC people considered me not physically In Uk for that purpose only.
I do work 25 hrs a week so will that be sufficient to show 6 months wage slips and bank statements
For my new application ?
I wish I could write it in above sorry for asking so many questions.
Thank you

As you are under 10 years of route so you won't have to meet the financial requirement of £18600

[Chimera19]

Thanks alot sir
Really appreciated

[JB007]

She is full time student and claiming universal credit which is for her and kids i don’t claim anything as UC people considered me not physically In Uk for that purpose only.
I do work 25 hrs a week

That does not sound right to me. You are working in the UK and paying taxes to the UK. AFAIAA, your details should be on your wife's low income benfit claim for your children and your wages used in that monthly benefit calculation for your wife.

Have the DWP told your wife in writing that your wages don't need to be counted for her low income benfefit claims for your children? How about HMRC and your details for her Child Benefit claim?

It is her benefit claim and she is the one who must ensure she had given the correct information to the benefit agencies.

[Chimera19]

Thank you for your reply and i m so sorry I couldn’t signed in here to check out your reply.
When she was making UC claim they asked us to come to JC with id and proof of adress and work
We both took it there and they checked everything and said that my wife can claim because she is British and I cannot because not allowed to public funds and then they wrotte to me and said that “ we are sorry but on this occasion you cannot claim any benefits so therefore for this purpose you are considered not physically in UK if your condition/circumstances change then notify us”

So it shouldn’t create any problem for me as i got the letter from Universal credits? (which is link to all departments and local authorities)

Please reply your opinion if you got any points to clear out
Thank you very much