ILR (10 Year route) and EEA FM (Refused)- Urgent Help

[imaz83]

Hi there, I am in great mess due to an ill advise by a solicitor. Here is my timeline
- came to UK Jul 2006
- applied 3 tier 4 Extension
- then PSW in 2011
- Switch back to Tier4 2013
- Got Tier-2 in April 2014 which is up until May 2017
- Curtailment of Tier-2 due to job redundancy and given 60 days up until 14 Aug 2016
- Applied FLRO in time in Aug 2014
- Make an application for EEA FM to vary FLRO in Dec 2014
- Application Varied with notification in Feb 2016
- Got refusal in May 2016 with appeal right (and lodge appeal within 14 days time)
- Applied ILR (10 Year) in August 2016

The ILR Application was refused saying that your 3C is been revoked when you vary the application and there for not counting the period of EEA Fm (instead consider it as a GAP for 7 Months). Appeal rights given.

Please help where me and family stand now. Though in initial application we did not raise proper grounds for family and private life.

Please advise ..

Regards

[CR001]

Who is the EU family member that made you apply for EEA FM?

[vinny]

Policy on Section 3C leave and EEA applications.

[imaz83]

Dear Char, He is my first cousin who is Spanish national.
I am a layman to law terms plz advise me how strong ground I have for my case. As you can see I have never broken any 3C up until I varied to EEA FM. but in policy it states 'Must apply discretion' why not in my case.
Regards

[CR001]

How are you and your family dependent on the EU cousin?

[imaz83]

Financially and morally as he offered us help when we were having tough situation and applied for FLRO.

[imaz83]

Please advise me are we out of Race for ILR as legally I am never overstayed nor have any rejection in previous applications . All crystal clear history and always have a lawful stay. Just one mistake of applying can ruin the entire 10 years of life. Very much upset. Please advise what are the merits of my case?
Thanks

[CR001]

Yes, you are out of the race so to speak for ILR base on 10 years long residence as the links vinny provided indicates section 3c was lost when you 'varied' to the EEA route, so the gap is a break in continuous residence.

You should have waited for the FLR(O) outcome.