10 years long residence (withdrawal from studies)

[oomia]

Hi All,
I need an advice on making ILR application on the basis of 10 years long residence. My brief case is as follows:
I came to UK in Sept 2006 and have been legal without any absence. I have been student through out except PSW after my masters. After passing my masters with flying colours I had opportunity to do PhD. My current visa is sponsored by university which expires in 2018. I passed my first year of PhD but unfortunately, I had some medical and personal issues and I could not show progress in the second year of my PhD.

In February 2016, my university withdrew me from studies and reported UKVI. Then university withdrew report from UKVI because I had right of appeal against the decision of withdrawal from studies. I appealed against the decision and my appeal was rejected. I have now filed a review in the university which is likely to be rejected.

If university report to UKVI in the start of July 2016, then UKVI will curtail my visa. But in this process the UKVI may take few weeks and then they may give me 60 days. In this case, I can comfortably be eligible for 10 years residence.
My concerns and questions are as follows:
1) should I wait for curtailment letter and complete 10 years till early September 2016? If I do so, will my stay till the end of 60 days be considered as an eligibility in making ILR
2) should I make any application instead of waiting for curtailment letter just to pass few weeks and then vary the application with ILR application?

My concern is also that HO may say that you have not been studying for last few months therefore, you can not apply for ILR

I will be very much thankful for valuable suggestions
Regards

[oomia]

Hi All,
Can anyone please advise me on my issue. Many Thanks

[Nzekells]

Sorry about the situation.
First, what application switches can you make, bearing in mind that you can't switch to some visa categories. What any successful switch will buy you is guaranteed time to LR ILR qualification period, August 2016 (28 days in advance). It will also mean you don't have to wait for the Uni to report to UKVI, before getting on another valid visa.
However I doubt you can make a switch. If you check, and you can't, then I will suggest waiting it out. If they curtail before Q-date in August, Section 3D kicks in for the duration of the 60 days (assuming they afford you the 60 days?). Once you are able to attain your LR qualification date in August however, make your LR ILR appl. Even if they refuse, you are entitled to appeal. If it ever comes to that (hopefully not), your appeal can include exceptional circumstance/compassionate grounds with regard to the troubles you had in ur PHD 2nd year. Good luck.

[oomia]

Many thanks Nzekells,
You are right that I do not have many options to switch to. I can switch either to tier 4 or make FLR (FP) to get to my Q-date. Switching to PhD is not easy at this stage. Could you please advise me that if they curtail my visa and give me 60 days, shall I apply direct ILR because I will reach my Q-date before the end of 60 days. If my visa gets curtailed will my clock of long residence stop or will it continue till the end of 60 days (if I get these 60 days)?

Option 2: As you mentioned that I don't have to wait for Uni to report I can switch even before. Should I apply FLR (FP) if my review gets rejected at Uni to get to Q-date and then vary my application to ILR. Please advise, thanks again.