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Hi there i need to apply for ILR based on lawful Long residence(10 years) . There has been a gap but iam not sure if it is going to be considered as a break in the lawful residence or not . please review the dates below
30 April 2009 --------> expiry date of student leave.
23 April 2009 -------->tier 4 application submitted , valid in time application.
6 August 2009 --------->Application refused due to invalid visa letter from t4 sponsor .
17 August 2009 ------------> Appeal submitted to tribunal , paper based appeal.
30 September 2009 -------->Appeal was dismissed , no hearing
19 October 2009---------->Reconsideration of the appeal was dismissed.
23 October 2009 ---------->new application submitted,,out of time application
21 January 2010------->Approval of the fresh application ..
This is the summary of the Gap please note that i had submitted the fresh application within the 28 days after the dismissal of the appeal .
Please note i entered the UK on September 2005 and my residence been a mix of student visas , spouse visa , Access to child visa which is two and half years leave .Currently i have a leave till March 2016
I also have a contact order to see my kids

my question is if i apply now for ILR based on long lawful residence is my application will be approved iam just concern about the gap mentioned above?
I did ask a question on "Just Answer Website" and a law expert replied that my application will be rejected .

Can someone give me an opinion please? why no one answer me ???

Hi Pop,

As I see you made a valid application in April 2009 but were refused but were granted a visa Jan 2010 for same category.

Now the question is did you had a legal right to stay in the county during that period?

I'm not an expert but if your stay was legal than you should qualify to apply.

pop79 wrote:Can someone give me an opinion please? why no one answer me ???

You should be fine because the second application was granted and you submitted your application within 28 days of being rejected.

From guidance (albeit from 2012):
From 1 October 2012, applications for further leave to remain under the Points Based
System will fall for refusal if you have overstayed for more than 28 days on the date of
application, unless there were exceptional circumstances which prevented you from
applying within the 28 day period. The 28 day period of overstaying is calculated from
the latest of:

• the end of the last period of leave to enter or remain granted,

• the end of any extension of leave under sections 3C or 3D of the Immigration Act
1971, or

Thanks guys for Replying my post but till now it seems no one understands my situation. I submit a fresh application after the dismissal of my appeal within 28 days and ,the dismissal of the appeal was on 30/09/2009 and been granted the visa extension on 21/01/2010. Do the appeal period considered as iam legal even though the appeal was dismissed? I mean I submit a fresh out of time application within 28 days after the dismissal of the appeal ? Do u think it is a lawful gap or it considered as a break in the 10 years long residence. Please someone give me an advice

pop79 wrote:Thanks guys for Replying my post but till now it seems no one understands my situation. I submit a fresh application after the dismissal of my appeal within 28 days and ,the dismissal of the appeal was on 30/09/2009 and been granted the visa extension on 21/01/2010. Do the appeal period considered as iam legal even though the appeal was dismissed? I mean I submit a fresh out of time application within 28 days after the dismissal of the appeal ? Do u think it is a lawful gap or it considered as a break in the 10 years long residence. Please someone give me an advice

I fully understand - section 3c or 3d kicks in during the time the application is considered until a FINAL determination is made, even if it is a refusal.

I have already advised you that you should be fine because you submitted an application within 28 days of the appeal being determined.

Thanks Physicskate for your advice . Do you think my application is considered as straightforward so i can apply through same day service ?

pop79 wrote:Thanks Physicskate for your advice . Do you think my application is considered as straightforward so i can apply through same day service ?

If you have had a previous refusal (you have), your application is highly likely to be considered complex, and thus, will not be decided on a one day appointment.