Query for ILR

[farhamdew]

Hi,
I am a dependent of tier-4. Our application for visa extension is on 1st tribunal waiting for hearing.
We were given appeal because of TOEIC, 2.5 years ago and the application is still waiting for hearing.
Now as both me as dependent and my spouse as tier-4 student have been in UK for 10 years.

Can I withdraw my application take my passport and apply for ILR.

Please note I am just taking the dependent application out, the actual Tier-4 student application still waits for the court decision with my spouse.
Can any body suggest weather i am eligible for ILR on 10 years route?

As, if the coat rules against us for the actual Tier-4 application then last two years would be considered as overstayed?
And my spouse would be considered immigration rule violation for TOEIC (according to them). As a dependent do I also fall under immigration violation? For my 10 years route ILR application.
I appreciate your suggestion and he

[zimba]

Can I withdraw my application take my passport and apply for ILR.

HO might not let you withdraw from the appeal as the case is TOEIC related. You need to get a judgement on the TOEIC issue as this will affect all your subsequent applications. The 10 years need to be spent here lawfully

As, if the coat rules against us for the actual Tier-4 application then last two years would be considered as overstayed?

Not if you applied in-time, then you are covered under section 3C.
However if you lose in court, then you technically did not spend the 10 years lawfully due to TOEIC fraud