appeal dismissed but 10 years completed.can i apply for ILR

[red scorpion]

Hi,

please kindly advise me in this complex case.

My student visa expired on 31.10.2012
I applied for FLR(O) on 28.10.2012
I further applied for Tier1 Enterpeneur visa on 23.11.2012
My FLR(O) application returned invalid on 17.12.2012 because of payment issues.
MY Tier 1 Enterpeneur visa returned refused 12.5.2013 with no right of appeal.
Regardless i lodged an appeal in first tribunal.
My hearing was on 17.02.2014
The judge said i have right of appeal as i provided the proof that i had required amount in my bank for FLR(O) application so my application was in time.
Unfortunately the judge dismissed my appeal for Tier 1 Enterpeneur visa.

i have completed 10 years in UK on 20.2.2014

Now my question is whether i can apply for ILR now on basis of 10 yrs legal stay.i have no appeal pending as i have received the first tribunal decision.
my solicitor says we will apply for permission for appeal in upper tribunal.then we will apply for ILR and withdraw the application from upper tribunal.

I want to make a fresh application for ILR now(within 28 days) as i can not see any reason for applying to upper tribunal.

What is your opinion.please guide me.many thanks.

[osimen360]

Hi your solocitor is on track. go with him

[Obie]

I am not sure the solicitor is right, especially if there is little merit in a further application for permission to appeal.

He is only delaying the inevitable.

[osimen360]

Hi, the solicitor is trying to delay so that he can make time for fresh application.