Long Residency 10 year

[saby86]

Hi
I came in UK 2008 on student visa which was valid unti 31st january 2012. Then i applied for FLR in 2012 january because my final result was late and result due to release in month of march. so that i wont go overstay i have applied for FLR (O). But my solicitor posted my application on 1st feb and Home office received on 2nd feb, because of that Home office said that i have over stayed my visa. In April 2012 after my final result came out, i did apply for PSW (post study work category) before it was due to expire in beginning of april and withdraw my FLR application, but PSW application was refused in September and home office stated that i have over stayed my visa as (one of the reason). after that refusal i did apply for FLR (O), and in 2013 i got married to british citizen and i did apply for spouse visa, which again refused by home office, in 2014 our daughter born, after that i did apply for discretionary leave under family route (10 years), which got approved for 2 and half years. So i have to renew current visa after every 2 and half years before i will be eligible to apply for ILR.

So my question is as i came into UK 2008, will it be possible to for ILR under long residency in 2018?

Many Thanks

[CR001]

So my question is as i came into UK 2008, will it be possible to for ILR under long residency in 2018?

No you don't qualify for long residence ILR as you had no valid visa from Feb 2012 till you got the family route visa in 2014. Your continuous residence is broken.

[saby86]

I had valid applications going in between 2012 and 2014 until I got visa

[CR001]

No you did not. You apply in February 2012 AFTER your visa expired. You were an overstayer until your visa was granted in 2014.

You must have valid leave to remain for the 10 years, not applications submitted when you have no valid leave.

[saby86]

Thank you for advice
I will stick to 10 year partner route

[saby86]

Can I change my visa to spouse from 10 year partner route. As I am holding valid visa