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If a student who entered UK in 1st January, 2003 and then continued to get extensions for 10 years but only one times his application refused on 9th September, 2009 when he applied student visa on 20th May, 2009 while visa expiring date of 30th June, 2009. Then in this case if that student has submitted a fresh application on 13th September, 2009 instead of making appeal and finally got his student visa successfully in 20 days. In this situation will that person is breaking any period in ten years or will be possible to argue that as his leave extended from 30th June, 2009 to 9th September, 2009 under section 3C and his second application is out of time for 3-4 days which was submitted on 13th September and this single gap in 10 years can be pardoned.

Hi sheraz7
I was in same situation and got ILR, though under 5 year cat. It should be ok

sntp_uk wrote:Hi sheraz7
I was in same situation No you were not and got ILR, though under 5 year cat and that is the difference. It should be ok Not necessarily

Would be interesting to know why OP's 29 MAY 2009 application was refused, why not appealed, etc. Not necessarily they would change the OP's position.

If the second application was submitted within the time period stipulated to submit an appeal (10 days), then there is no gap.

See also Single gap in lawful residence.

thanks for replies.
You mean that my leave continue to extend till refusal decision (5 months) + 10 days of appeal. If so, then I submitted my fresh 2nd application on the 5th day of refusal decision which means it is only 5 days out of time application during all 10 years which can be pardoned.