10 YEARS ROUTE GUIDANCE REQUIRED

[junaidnabi69]

Dear members,
I have very complex immigration case
Came in uk sep 2009 as a student
Convert in entrepreneur 2012 with mrs as a dependent
2015 applied ilr on accelerated route created 10 jobs but refused in sep 2015,appeal rights given lodge an appeal
Withdraw appeal in december 2015 and reapply ilr accelerated route again invest £150000 more but refused again in march 2016.With jr. Jr applied
Me my wife and a son applied after jr withdrawn on medical bases of my son flro visa issued in september 2016 till march 2019 30 months.
But in meantime my son died and we applied extension in march 2019 but refused in june 2019 with right of appeal appeal lodge hearing on 09th september 2019 but appeal dismissed in 01st october.
10 years passed but my solicitor says your 3c is break
We are family of 4 me my wife daughter 4 years old son 16 months old we have 14 days to challenge judge decision and applying for long resident application what are your expert opinions guys thanks in advance
Kind regards

[zimba]

You do not have 10 years of lawful residence I am afraid and your solicitor is correct. You were an overstayer between Dec 2015 and Sep 2016 which breaks your lawful continuous residence. You should have sought advice in 2015 before applying for ILR. I suggest to follow with the appeal on extension rather being distracted by ILR which you cannot secure.

[junaidnabi69]

THANKS FOR YOUR REPLY BUT APPEAL IS REFUSED AND WE HAVE ONLY 14 DAYS TO MAKE AN APPLICATION FOR UPPER TRIBUNAL IF THEY ALLOW US THAN WE WILL FIGHT BUT IF THEY DONT ALLOW US WHAT WILL WE DO 7 YEARS CHILD ROUTE IS FAR AROUND 3 YEARS.

[CR001]

THANKS FOR YOUR REPLY BUT APPEAL IS REFUSED AND WE HAVE ONLY 14 DAYS TO MAKE AN APPLICATION FOR UPPER TRIBUNAL IF THEY ALLOW US THAN WE WILL FIGHT BUT IF THEY DONT ALLOW US WHAT WILL WE DO 7 YEARS CHILD ROUTE IS FAR AROUND 3 YEARS.

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[zimba]

THANKS FOR YOUR REPLY BUT APPEAL IS REFUSED AND WE HAVE ONLY 14 DAYS TO MAKE AN APPLICATION FOR UPPER TRIBUNAL IF THEY ALLOW US THAN WE WILL FIGHT BUT IF THEY DONT ALLOW US WHAT WILL WE DO 7 YEARS CHILD ROUTE IS FAR AROUND 3 YEARS.

I am faraid then you do not have a reason to stay in the UK. You might have to leave the UK and apply for Tier 1E extension from home again assuming you have created the jobs and invested the require amount but there is no guarantee