Am I eligible for ILR on 10year rule

[jojireddy]

Dear Memebrs,

This is my visa history, I am I eligible to apply for ILR if yes how to apply.

Student Visa 27/01/07 April,2008
Student Extension Apr2008 Sep, 2008
PSW 08/11/08 07/11/10
Left the country on 07/11/2010
Student dependent 26/11/10 to 12/01/12 Travled on 28/11/2010
Student Extension dependent 10/01/12 to 31/08/12
PSW Dependent (visa applied 28/03/12) 08/10/12 to 31/08/14
Tier2 dependent 28/08/14 19/11/14 15/09/14
Re applied Tier2 18/12/14
Re applied Tier2 28/04/15
Tier2 application refused 23/06/15
Applied FLR(FP) on 28th day 20/07/15
Refused on 12/02/16
Applied for Judicial Review by Pre action protocol 20/02/16
JR Oral hearing was refused 10/08/16
Applied for Fresh application FLR(O) 06/09/16
Received Biometrics 13/01/17 and given biometrics on 06/02/17

Please someone tell me am I eligible to apply for ILR on 10 years route?.

Thank you
Joji

[vinny]

Probably no. The JR doesn't normally engage Section 3C.

Surprised they refused FLR(FP) but granted FLR(O). What were the circumstances?

[jojireddy]

Hi Vinny,

Thank you very much for your reply. I applied for FLR(O) in the month of September the result is not received. My baby was born UK and she was 15months old. Is there any chance can we get visa?.

[CR001]

Is your baby a British citizen?

You need to provide more info on your partner, their immigration status etc.

[jojireddy]

My wife is indian we are here since 2010. I am on her dependent since Nov 2010. My employer willing to sponsor us but unfortunately your employer unable secure the sponsor licence. They applied 2 times for licence. To cover the 10 year We made continuously application within 28 days. After JR is refused we made fresh application FLRO is pending since Sep 2016. Can you please tell me is there any chance can we get visa.

Thank you
Joji

[secret.simon]

Surprised they refused FLR(FP) but granted FLR(O).

Vinny, I don't think the OP was granted FLR(O). S/he has merely submitted biometrics for FLR(O). When s/he mentions "Recieved", I think s/he is referring to the biometrics letter.

OP, as Vinny has mentioned, JR does not engage Section 3C. Therefore, since the refusal of the Tier 2 application in June 2015, you have been an overstayer. Applying for FLR(FP) (or any other application, for that matter) within 28 days does not extend leave, nor does JR.

As your immigration clock has stopped for almost two years, there is no chance of ILR(LR) in the near future.

[CR001]

And as your baby is not British, very little chance of success. Just being born in the UK gives no special rights for parents who require a visa. The child is also young enough to adapt to moving to home country.