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I came to uk on 15 SEP 2005 as student.
December 2007 switched to dependnat on My Wifes student visa.
had few extentsions with her student visa + PSW + T1(ent) valid untill june 2017.

applied for ILR on 10 year lawful residency basis on 23 JAN 2016. It was rejected with a right of appeal.
Reason for refusal : according to home office I became an over-stayer between 30 NOVEMBER 2009 to 31 AUGUST 2010.
Time in question is when My wife sent her student visa extension via University on 30 NOVEMBER 2009 (in time application).
On 19 January 2010 UKBA rejected our application as INVALID. (Reason: No Name on The back of PHOTOGRAPH).
Form resent on 08 FEBURARY 2010 after rectification which was again rejected on 27 MAY 2010 as invalid. (Reason: wrong version of form used) New version of form was available in April 2010 But our application was submitted on 08 FEB 2010 and it was the latest FORM at the time. It was caseworker's mistake which they accepted.
So same form was sent back on 02 June 2010 and finally visa was granted on August 2010.

PLEASE NOTE; I was unaware of the situation up untill my visa rejection on 23 January 2016 and the above information I got from the university after the rejection.They sent me the whole pack of all the communications with home office.

Looking at the evidence I provided;
Am I really an over-stayer ?
Are there any merits/grounds for appeal ?
what are the chances ?

Any past experience,help,suggestion or advice would be great.
Thanks in advance.

Ok under the current rules it could be argued that as you made an application before leave expired section 3C was in place until you were informed of the invalidity. That this application was promptly made within a reasonable period and the second error was on their part.

Obie wrote:Ok under the current rules it could be argued that as you made an application before leave expired section 3C was in place until you were informed of the invalidity. That this application was promptly made within a reasonable period and the second error was on their part.

Thank you Obie for your reply.

Just wondering if someone had experience similar situation.
I have discussed with a few solicitors/barristers they all seem to willing to take the case and have different opinion.

What are their opinions?

i have a question about overstaying and whether I broke my LR continuous period - would really appreciate some help.

I am applying for SET (LR) at the end of Feb 2016. I first entered the UK on 19/03/2006 on a holiday maker visa, I then switched out of country to student visa. I then did an in country application for a PSW. I then went out of country for a student visa which will expire in 02/03/2016.

The problem is this when I wanted to switch to the last student visa out of country i over stayed -
My visa ended 21 May 2014
I left the UK 15 June

Even though I left within the 28 days I did not reapply for the student visa until 22 Sept 2014 to re-enter the UK.

My question is have I broken my LR period and can I use illness as a discretion?

Obie wrote:What are their opinions?

As you can imagine no one will refuse to take the case, however 2 of them said I have a realistic chance given that I have the evidence of Home Office making and accepting there mistake.
There was one who said that I do have overstaying period more than 28 days and I should only go down under human rights on a different route which by the would have cost me an arm and a leg.
One law chamber barrister said to go down the 5 year settlement route via T1 (ent) for which 3.5 years still left.With the rate of changes immigration Laws Who knows what happens after 3.5 years.
they were also willing to lodge the appeal though.
Anyway I have now lodged appeal. let see what happens with it. I will update of outcome as and when it happens.
THanks once again.