Indefinite leave to remain

[shawon]

January 2010 come in UK Tier 4 student valid until may 2013.

May 2013 granted leave to remain until April 2015.

August 2014 Received letter from home office regarding Toeic proxy test taker.

August 2014 served IS96 letter.

October 2014 sent judicial review pre action protocal on the unfairly revoke tier 4 Visa.

October 2014 home office issued fresh decision out of country

November 2014 home office replied pre action protocal and maintained original decision to revoke tier 4 out of country right.

January 2015 lodge judicial review to upper tribunal.

March 2015 permission judicial review refused.

April 2015 permission to court of appeal lodge.

June 2015 IS96 served.

November 2017 applied FLR(FP)(10 years partner and parent route )

February 2018 refused application for Toeic fraudulent with in country appeal.

Court hearing adjourned July 2018.

November 2018 appeal heard.

January 2019 appeal allowed.judge discharge toeic burden and allowed article 8.

February 2019 received home office letter allowed appeal human rights ground for 2.5 years and aftef 60 months can apply for settlement.


My question

Home office revoked my Visa for toeic issue but my appeal allowed judge discharge my toeic burden and as well my family life under article 8.i will be 10 years next year.can I apply for Indefinite leave to remain as my Visa reinstall for toeic issue.

[zimba]

No. You do not have 10 years of lawful residence.

[bizman]

No. You do not have 10 years of lawful residence.

I think the initial decision to revoke his visa was HO error which has now been corrected by a competent court and therefore nullify that decision. I strongly believe that the reason he was not awarded a compensation in this regard is because he never asked for it in his prayers to the court. If HO insists that he has not attained legal 10 years because of their erroneous decision, then they acting against the decision of the court which OP can take back to the court and this time along with his prayers requesting for recognition of the 10 years as legal can also ask for compensation from HO.

My opinion, you can apply for ILR when you are 10 years.

[zimba]

As far as I see, the JR regarding Tier 4 was not successful and he applied for FLR(FP) in 2017 which then eventually was granted under Article 8. This means that the period between Tier 4 being revoked an FLR being granted was not lawful.

[shawon]

As far as I know judicial review is totally different from tribunal.In the tribunal Home office didn't give me evidence about my English proxy test taker.Judge satisfy my education background and did believe i sat on my exam that day.so in a way Home office make this false allegation against me and revoke my Visa.

Another way if I dont have any FLR FP application if I review my Toeic case at court of appeal if I won.Home office had to reinstall my Visa.

I did not break my 10 years law resident that's home office error made me.

[shawon]

Just let you know First tribunal judge made 2 decision

1.i did not make any deception for English language test.

2.allow me as family unit under article 8.

[bizman]

Just let you know First tribunal judge made 2 decision

1.i did not make any deception for English language test.

2.allow me as family unit under article 8.

This is what I am saying that with these two decisions of the court, the decision of the HO to revoke your Tier 4 visa was in error. I wish you had requested that your Tier 4 visa be restored, it would made simple this perceived legal technicality. But I still believe that by that decision of the court you have been affirmed to be resident legally in UK against HOs initial decision.

[zimba]

As far as I know judicial review is totally different from tribunal.In the tribunal Home office didn't give me evidence about my English proxy test taker.Judge satisfy my education background and did believe i sat on my exam that day.so in a way Home office make this false allegation against me and revoke my Visa.

Another way if I dont have any FLR FP application if I review my Toeic case at court of appeal if I won.Home office had to reinstall my Visa.

I did not break my 10 years law resident that's home office error made me.

Correct. Your FLR related appeal is not relevant. I am interested on the first JR.
Given that JR does not engage section 3C (unlike appeal) I assume you were an overstayer in Oct 2014 as your visa was curtailed.
You need to make it clear. You did JR against HO decision to revoke your visa in Oct 2014. What was the conclusion of that JR ?
Did the JR not reverse the HO decision as unlawful ?? Why HO did not offer you visa right then or reinstate your Visa without a need for a further FLR application ?

The subsequent FLR refusal suggests that the JR did not lead to any conclusions against HO decision to revoke as being unlawful or else why would they refuse your FLR ? It looks they caved in during the appeal following the FLR refusal instead.

[shawon]

JR refused march 2015 then june 2015 served is96.
Between 2015-2017 no application made since then regarding toeic.
September 2017 FLR refused but won appeal illiminet from toeic.