Yes, it is very common for the Home Office UKVI to grant leave to remain under the 10-year route where the applicant allegedly does not meet the requirements for the grant of leave under the 5-year route.
In the event of the Home Office granting leave under the 10-year route, the applicant will not be given the right to appeal the refusal in the First Tier Tribunal. Such a decision of the Home Office UKVI can only be challenged by way of Judicial Review in the Upper Tribunal.
Our expert team of Judicial Review solicitors can help you with your Judicial Review against the Home Office UKVI decision to grant you leave under the 10-year route instead of the 5-year route if you believe that the decision not to grant leave under the 5-year route is wrong and unlawful.