Long Residence (10 years) Do I qualify

[kumari75]

Hello, I have question about if i an eligible for 10years long residence. I am really confused.

My tale is:

26th September 2007 came to London
• Visa 11/09/2007 to 31/10/2008 * student visa

• 23/11/2008 to 30/04/2009 * student visa

• 02/06/2009 to 02/06/2011 * PWS visa

• 23/06/2011 to 01/05/2014 * tire 2 general visa

-29th Jan 2013 visa curtailment letter arrived.
- sent a requesting to reconsider the decision within 14 days.
- as they rejected the request we have applied for judicial review.
- Judicial review rejected.
- applied for oral hearing.
- oral hearing was granted and dated 11/02/2014
- we didn't withdraw the oral hearing ( we didn’t withdraw this and therefore I have paid £2750 by instalment to the home office for not turning up for the hearing)

Applied for new visa on 24/04/2014 before the expiry date (1/05/2014) of my tire 2 visa for 7 years for my son in the UK

¬ Visa was rejected without appeal rights.
¬ 07/07/2014 sent a proposed claimed for judicial review asking to reconsider the decision.
¬ They didn’t reconsider the decision but have granted the appeal right.
¬ We have put the appeal on 8/09/2014 ( during this time we have received temporarily admission and request us to go for a signature)
¬ Appeal granted in first tribunal on 28/04/2014 (
¬ 14/05/2015 decision has been made to grant leave to remain in the UK.

Please advice me if i am eligible to Get ILR for my family ( my whole family's story is also same as me.
Many thanks,

[CR001]

Why was your visa curtailed??

What was the curtailment dates on the letter by which you were told to leave the UK? The original expiry date of your tier 2 visa is completely irrelevant
if you have received a curtailment letter so not sure why you keep highlighting it.

You had an appeal and you didn't go to the hearing and had to pay HO costs??

Applying for Judicial Review does not give you Section 3C protection. Your JR would have had to be successful for any period of overstay to be ignored.

Did you follow the exact same appeal/JR process for each member of your family?

[kumari75]

Hi, thanks for the reply,

there wasn't a date to leave the country but it stated that i should leave the UK within 14 days from 19th Jan 2013.

my solicitor said we can apply for the 7 years visa for my son without going to the JR as he competed 7 years by then; therefore we have applied before the original expiry date on the visa - hope this makes sense.

i did the same thing for my whole family.

[kumari75]

Also my visa was curtailed as the college that I worked merged with another college and UKBA said I cannot be transferred under the TUPE rule.

[CR001]

If your visa was curtailed (i.e. cancelled), your expiry date of 2014 doesn't exist and you most likely had no legal status after the 14 days mentioned in the curtailment letter.

How old is your son now?
How old was he when he moved to the UK?

[kumari75]

He was 10 moth when he came here and now he is 10 years.