ILR 10 Years Application refused.

[hrasheed]

Hi Members,

Home office refused my ILR VISA application on 27th October as showed on the refusal letter. Due to tax issues

Immigration History

On 7th October 2006 arrived in the UK with a Student Visa.
Granted Leave to enter in the capacity between 27 Sep 2006 to 31 Oct 2009

On 25 August 2009 applied in time for further leave to remain as Tier 1 Post Study.
Granted Leave 15 September 2009 until 15 September 2011.

on 05 April 2011 applied in time for further leave to remain as Tier 1 General Migrant. Leave granted 20 June 2011 until 20 June 2013.

on 20 June 2013 applied in time for further leave to remain as Tier 1 General Migrant. Leave granted 17 July 2013 until 17 July 2017.

on 14 July 2017 applied in time ILR based on 10 years residency in the UK and got the refusal.

Home office declared my application unfounded and no right to appeal within the UK due to tax issues. 322(5) 322(1C).

I spoke to my solicitor and he said not to worry and he is going to submit the PAP and home office consider this so we will have more time to think. Problem is my solicitor is not giving me clear picture' 'What happens next':

2nd thing:

Im married to my European wife and have a chid as well who is 5 years old now and living together from last 6 years and have all proofs cohabitation. She is self employed from last 5 years and paying all her taxes and honouring the treaty rights. I never applied any visa as my European spouse but still I mentioned in my ILR application then I'm married and provided Nikah(Islamic marriage) document but Home office did not accept that document.

My questions for senior members of this forum:

1) Will I be overstayer after 28 days from the day of refusal.
2) Can I apply EU Visa if my previous application of ILR was unfounded.
3) If I go for JR can I still submit EU spouse application.
4) If I do the British marriage and get the EU card PR clock starts from the day I get visa or since we are living together If I prove to Home office.

My solicitor is keep saying that I have plenty of time I don't need to worry. How I don't worry, my application has been refused and he is not telling me what to do next, I dont want to be overstayer. Please I need some help to find the right path, I'm not getting any clear answer or help from solicitor.

Kind regards,

[zimba]

1) Will I be overstayer after 28 days from the day of refusal.

Yes but within 14 days !

2) Can I apply EU Visa if my previous application of ILR was unfounded.
3) If I go for JR can I still submit EU spouse application.

The EU residence permit rules are not related to immigration rules for ILR.
Your marriage must be recognised by the UK for such permit to be issued

4) If I do the British marriage and get the EU card PR clock starts from the day I get visa or since we are living together If I prove to Home office.

From the day you get EU spouse permit.

[hrasheed]

Thanks zimba88 I really appreciate your help and support!

[CR001]

4) If I do the British marriage and get the EU card PR clock starts from the day I get visa or since we are living together If I prove to Home office.

Just a correction on this one to the advice zimba88 gave you. Your time towards PR starts from date of marriage to an EU citizen. It is only unmarried partners of EU citizens where it starts counting from date of issue of Residence Card.

Both instances require the EU spouse to be a qualified person exercising treaty rights.