Dear Experienced Members,
I would be appreciated if you help me regarding the my position below:
Sirs, sorry for bothering you. Quick query: my 10 years was 20/09/2016. However, my tier extension was refused on 12/09/2016 (3c exhausted) and I made long residency application on 20/09/2016 within 8 days (relyied on 28 days disregarding period as now 14 days). But got refused with in country appeal right as I included in the representation letter regarding unmarried partner and 10 years boys' de facto father (not biological father). Though The HO didnt believe the genuineness of relationship, gave me in country right of appeal on the basis of British boy and mother (luckily). In terms of long residency, the HO argued that the time I submitted Set LR, I didn't have existing leave to remain (whereas, rules say that the ANY period of overstaying within 28 daya would be dosregardable) hence, rules 276A(i)B didn't fulfilled. However, on 28/02/2018, won the appeal without cross examined by the HO on article 8 human rights ground. But judge never said that 'dismiss the appeal on immigration rules'. Judge mentioned in his decision that as appellant won the case (para 42) therefore my 28 would be disregarded. My question is Sir, will I be qualified for ILR?
Some says 'if you won on article 8 grounds then its not counted in ten years and HO will give 30 months visa', is that currect? If so, can I apply for settlement after getting the visa? If you would like to check the decision then I would send you the screenshots.
Please Sirs, can you kindly help me?
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