T1(G) ILR refused JR pending - can I switch to FLR in coutry?

[masterpeas]

Will appreciate some thoughts on my option please with my background as below:

applied for ILR premium: Jan 2017
Refused on paper: Mar 2017
Refused AR: Jul 2017
Appealed again on AR and refused again: Aug 2017
Reached 10 years continuous stay Sep 2017 (sadly section 3c ended)
JR put on held: Oct 2018
awaiting other similar cases to be decided on the Court of Appeal dated 22 Jan 2019.

So far no news at all on the internet regarding this matter. Does any one know when COA will publish their decision and any bound deadline??

Also i am married with family here, wondering if i can switch to FLR in country and what are the strength or weakness?

Husband got his ILR: Dec 2017
1 Child was born in UK and now British citizen

Please advise as i feel my life has been hanging in the air without any light.....

Highly appreciate any advice. Grateful!

[zimba]

There is no switching as you do not have any valid leave. You may be able to apply in the UK under FLR(FP) which is the 10 year partner route given your circumstances.

[masterpeas]

Thanks a lot for your reply Zimba.

So from risk, time and costs perspective, its best to continue waiting till the result of court of appeal, then i can go for further appeal and also apply in country or from outside of the country (shorter route 5 year) to become spouse dependant, right??

[zimba]

Your continuous stay is broken as it looks. FLR(FP) might be offered if your appeal process is successful

[masterpeas]

Hello Zimba,

My understanding is that if my appeal is successful, i should get ILR straight away

what did you mean that FLR may be offered if appeal succeed?? sorry confused.

thanks a lot.

it seems this topic is getting less attention now... less comments on the forum now.

[zimba]

Tier 1E ILR can only be granted if JR succeeds and HO is found to have refused your application unlawfully (minority of cases)
ILR under long residence is not possible.

[masterpeas]

Tier 1E ILR can only be granted if JR succeeds and HO is found to have refused your application unlawfully (minority of cases)
ILR under long residence is not possible.

My title is about Tier 1 (G), does your comment still apply?? you make me more confused now...

[CR001]

indefinite-leave-to-remain/court-of-app ... 79452.html

[masterpeas]

indefinite-leave-to-remain/court-of-app ... 79452.html

thank you!!!

whats your understanding on this decision as a guru on this subject? it sounds to me that COA allowed appeal and now UT need to review the cases again with fair judgement on the dishonesty with "testing procedures", does this mean the battle will continue further? it depends on what responses HO will bring up later?

How to understand this is a WIN for all?