SET LR Gap or not, Urgent!!!

[md haque]

Dear Respected members,
Question on behalf of a close friend:

UK Entry in May 2007
Permission along with Student+PSW until november 2015
Married to British Citizen & application under Flr (FP) december 2015 (within 28 days of the previous leave ended)
FLR (FP) refused with no in-country Appeal Right in June 2016
applied again within 10 days under FLR (FP) in June 2016 (as we clearly thought that UKVI intentionally refused but we had insurmountable Obstacle to relocate at the time since my spouse was taking an exam to be registered as a Doctor & at the same time we were having IVF treatment)
FLR (FP) refused again in January 2017 but with in-country appeal right
Appealed within 5 days & still waiting for a hearing date.
I've completed 10 years in May 2017 but not sure if I could apply for ILR under Set LR!
I've spoken to at least 10 different Lawyers (including some famous ones) & they all seem to be confusing me even more because none of them would tell me anything concrete & not sure as to what should be the right course of action.
Some of them said-- Because both of my gaps in my 2 FLR (FP) applications were before November 2016, UKVI should disregard that and issue me ILR if I applied under Set LR based on the recent Caseworker Guidance.
Some of them said-- since I don't have any valid leave right now, so UKVI would refuse my ILR application saying my 10 years lawful residency chain has been broken.

I'm really confused & would really appreciate if someone could please advise me on this....

[CR001]

In May 2017 you posted that you were on FLR(M)???

indefinite-leave-to-remain/set-lr-advis ... l#p1489065

You need 10 years valid leave to remain for long residence ILR. You don't have 10 years valid leave to remain. By applying after your visa expired in November 2015, you have no Section 3C protection and the visa refusals means you are an overstayer.

I hope you are not working?

[md haque]

Thanks for taking time to read my post & reply. If you noticed at the very top of the post, I began by saying that this post was for a "CLOSE FRIEND"---- Still appreciate your reply & valuable time. Would have been nicer if you replied to my posts from May which you mentioned in your reply. No one had time for that post to reply but at least you mentioned it.
Just wondering about my friend's situation as you mentioned that they don't have valid 3C leave to make it up to 10 years but what the 28 days period is all about?
Not sure that many lawyers also made us confused about the 28 days period.....

"Examples of gaps in lawful residence
The examples below show some instances when it may or may not be appropriate to grant the application. This is not a complete list and you must judge each application on the information it contains and discuss this with a senior caseworker.
Example 1
An applicant has a single gap in their lawful residence due to submitting an application 17 days out of time. All other applications have been submitted in time, throughout the 10 years period.
Example 2
An applicant has 3 gaps in their lawful residence due to submitting 3 separate applications out of time. These were 9, 17 and 24 days out of time.
Question
Would you grant the application in this case?

Answer
Grant the application as the rules allow for a period of overstaying of 28 days or less when that period ends before 24 November 2016.
Question
Would you grant the application in this case?
Answer
Yes. Grant the application as the rules allow for periods of overstaying of 28 days or less when that period ends before 24 November 2016."

[CR001]

Would have been nicer if you replied to my posts from May which you mentioned in your reply. No one had time for that post to reply but at least you mentioned it.

Perhaps no one responded due to the incredibly difficult to read such a big block of solid text in a single paragraph!!

[CR001]

An application made after a visa expires does not give the applicant section 3C protection, it is an out of time application. The 28 days would be ignored IF the application your friend submitted had been granted, but it was not and neither was the next application. The 28 days (now reduced to 14 days since November 2016) will only be ignored for ILR IF the application submitted is successful.

[md haque]

Yes, that make sense. And I do apologies for making that post Incredibly Difficult, I guess it was with a good intention to make every detail clear rather than making it difficult but it ended up being one which again do apologies for. I thought at least some of the Diamond Member would come up with some sort of Bullish reply but thank god that didn't happen. Anyway, coming back to current post---
So you think that 28 days thing are not relevant to my friend? Another Lawyer said, if they win the current ongoing appeal & granted leave then they could apply under Set LR, not sure to be honest.
Would appreciate if anyone else contribute....
Thanks a million in advance.

[Obie]

There may be slight glimmer of hope for ILR, but only if the appeal succeeds, otherwise you will fail and lose your money.

[md haque]

My friend got his ILR approved & got the Card delivered today as well. Just wondering what happened there!!! according to members here, he didn't have any chances of success unless he had his appeal won. But he withdrew his appeal & booked a same day appointment which he wasn't given a decision on the day but was handed a letter saying his application was valid & they'll make a decision once they have his passport from other department. In the application, he just mentioned about his overstaying of less than 28 days twice but both of them were before November 2016 & currently he's had an appeal pending which he now withdrawn and making this application with 14/28 days of that. Based on the opinions from seniors here on this board, he wasn't very hopeful but here we are!!! He's got his ILR approved. Isn't it nice, well-done to him & hope others may well be benefiting from his story....