10 years completed while pending appeals

[Roshiend]

Hello Everyone,

I came to the UK in 2008 under a student visa for three years. I applied for a visa extension before visa ran out and but it was refused. Since then I have had court appeals that were refused, during this time I got married to my wife a British citizen, in 2016 after gaining permission from the Home Office. In 2017 my appeal was dismissed and our solicitor advised to submit a fresh application based on family routes.

However application was refused basis of I was illegal for nearly two years( it was proved I was not and the Home office has subsequently apologised) and we planned the marriage and the relationship and I have no role in my step daughter’s life as she seed her dad once in a week (it is a strained relationship at best and he provides no financial support – she has health issues and special educational needs that my wife would be unable to fully cope with should I be removed or decide to return home) My wife’s work contract does not meet the £18.6k contract however she does exceed this with bonuses.

We have been to court for an appeal and HO representative agreed that they have made a mistake and I was not illegal, We provided a social workers report to prove my step daughters relationship with me and her dads. Home office representative did not agreed to that statement saying social workers report is only about my wife and my step daughters side only he didn’t look at her dads side in to the report ( completely ignoring a psychological evaluation that proves her father has no role in her life at all)

Hearing was dismissed saying the marriage was planned and we got in to relationship when I didn’t have valid visa, and I have no role in my step-daughters life. ( the whole closing argument by the HO was based on things they did not question during the hearing)

We now have a 2nd tier court of appeal hearing granted


Druring this time I have completed my 10 years in the UK, our barrister is thinking to merge my 10 years in to my current court hearing. Will it affect my current case and lead the case based on 10 years ?

Is there any development or cases related in my situation as a step father and daughter?

[seagul]

Continuous residence might have broken during this long period of appealing and switching over visas without having a valid leave. Still before you refer to any expensive solicitor for long residence ILR application you should request your SAR file from HO to check your actual immigration history to evaluate as whether you are eligible for it.