Immigrationboards.com

Hello everyone,

Thanks for your help support and general information all round on this platform. I was wondering if someone can advise me based on their experience of my chances of getting my ILR. My Immigration details are as follows:
UK Student Visa Valid from 26/09/07 to 31/01/09 (arrived 14/10/07)
Limited leave to remain from 22/01/09 to 31/05/10
PSW 23/06/10 to 23/06/12
Tier 4 Dependant 13/06/ to 30/04/13
PBS Dependant 26/04/13 to 31/08/16
Applied 31/08/16 for LTR on the basis of established family and private life
Refused on 12/09/17 and can only appeal from home country (Received refusal letter 24/09/17)(Although we received is69 letter directly at home address on 13/09/17 which was quite a surprise as we are dealing through our lawyer and haven't heard anything from the home office until we saw the is69 letter)
Applied for ILR under Long residency 29/09/17

Current Situation
02 October 2017 submitted a Pre-Action Protocol Letter (PAP)
17 October 2017 HO responded to the PAP maintaining the decision to refuse and certify
10 November 2017 lodged this Judicial Review proceeding against the Refusal. Still on going

My question and worry is that, will all the refusal affect my ILR application in any way? Your response will be highly appreciated. Thanks

Applied 31/08/16 for LTR on the basis of established family and private life

Why was this application refused?

JR falls outside of the immigration rules, i.e. you have no Section 3C protection. If JR fails, you will have been an overstayer since last visa expired as far as I understand.

Thanks for your prompt response.

The refusal was based on the fact that (The Applicant's application for LTR under Article 8 was refused
and certified as "clearly unfounded" under Section (4(1) of the Nationality, Immigration and Asylum act 2002 with an out-of-country appeal.)

Our reason for using this category was because my wife couldn't complete her phd because she didn't have a supervisor for close to 10 months, she also took ill and had our child between. The school checked her eligibility for a CAS but home office advisor said she is not eligible because of the 5 years continuous study rule. The lawyer advised we use the family and private life route as the best option.

The home office refused based on the fact that going back home will not affect her completing her phd at home and so on. Thanks

Your history seems like you have done 10 years in the country do why not apply ilr based on 10 years residence?