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hi all, this is a question for my friend, hope someone can help!

she came to the uk as a student in Feb 1997 when she was 7 years old. in year 2007 she applied for ILR under the 10 years rule but was refused due to having a break in between her lawful residence. (she said, a 1 to 2 months break, she was still a minor then and her uncle dealt with all of her visa application). so she was refused and was given a chance to appeal but it had also been turned down. fast forward a few years, she will have been in the uk for 14 years in feb 2011. however today i was chatting to a friend of mine who is an immigration advisor, he said a refusal under the 10 years rule immediately stops the clock. he said she would have been served a removal notice when her application was refused. i then asked her if she has ever received such instruction and she said no.

so my questions are, is my immigration advisor friend correct? can she still apply under 14 year rule next year?

I have already advised her to request for her SAR from home office, is this the right thing to do? just thought she would then know whether she has been served with the removal notice or not...

thanks in advance people.

Chapter 18 - Long residence wrote:2.2.3 Events that break continuous residence

Paragraph 276A(a)(i) to (v) lists all circumstances in which continuous residence would be deemed to be broken. This would be instances where:
• the applicant is absent from the UK for a period of more than 6 months at any one time or is absent for a shorter period but does not have valid leave to enter or remain on their departure from and return to the UK;
• the applicant has been removed or deported from the UK or has left the UK following the refusal of leave to enter or remain;
• the applicant left the UK and by doing so, showed clear intention not to return;
• the applicant left the UK under circumstances in which they could have no reasonable expectation at the time of leaving, to be able to return lawfully;
• the applicant has been convicted of an offence and sentenced to a period of imprisonment, or, was directed to be detained in an institution other than a prison (e.g. hospital, young offenders), provided that this was not a suspended sentence (see further guidance below);
• the applicant has spent a total of 18 months outside of the UK throughout the entire 10/14 years period.

Although she has a break in lawful residence, she doesn't seem have a break in continuous residence (276A(a)). A refusal without a removal notice doesn't seem to exclude her from satisfying

276B(i) wrote:(b) he has had at least 14 years continuous residence in the United Kingdom, excluding any period spent in the United Kingdom following service of notice of liability to removal or notice of a decision to remove by way of directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999 Act, or of a notice of intention to deport him from the United Kingdom; and

See also 14 Year Continuous Residence ILR Application.