ILR REFUSED, SWITCHING TO PBS Dependant

[Crownman]

Hi Guys,

Please I need your advise on my case

I applied for ILR by post in 2015 under T1 General. I was refused because i was out of UK for more than 180 days in one of the years. This was due to medical reasons. I applied for JR. The Judge refused it. And i took it to the court of appeal for permission to appeal. The permission to appeal was granted and the Judge stated that Home Office was wrong in their decision. A date has been fixed for hearing later in 2018.

However, HO came back saying they want to withdraw from the case since they know they will lose the case. They promised to re-consider my application. I did not agree to withdraw the case and I asked them to go ahead and reconsider it. They came back with a tax questionaire asking that I fill in my tax returns and amendment in the previous years before my ILR application. I filled this and stated the tax years that i amended and the payments I made to HMRC. They have come back to refuse the application quoting paragraph 322(5). They have asked that i can go for an Administrative review within 14 days. I dont know if I should challenge this.

Also, my spouse has a T1 Enpreneur Visa and am thinking of switching to it as a dependant. I dont know if I can switch inside UK. Moreso my Visa expired during the JR process. Also, maybe i can do the application within the 14 days I was given to do the administrative review for the previous application.

Also, noting I have not withdrawn their first decision from the appeal court.

Please advise