Breaks in lawful residence/use of discretion

[umh]

I am planning to apply for indefinite leave to remain having been in the UK for 10years however I do have an 11day break and would like to know if it is worth applying. Please your opinions would be appreciated especially those that have/ had similar problems.

I arrived in the UK on 7th Sept 2001 with a student visa valid till 30th Sept 2001. My application for extension was not received until 11 October 2001 (according to my SAR form). I think this was due to not being able to obtain a proof of registeration from my university. (my course did not start until the 1st October 2001 as indicated in the letter).

I then sent my application off but it was late. I do not have proof of postage because it was long ago.

All my other applications were in time.

My questions are:
Will it be appropriate for a caseworker to exercise discretion in my case. (as it is longer than the 10 calendar day acceptable)

My SAR says "Application/Raised Date was 11th October 2001". Can someone please confirm whether is this the date application was received or whether it is when became live on their system ie when they started processing it. I believe thye may have received my application earlier but I do not have proof of postage

Please advise.

Thank you

[vinny]

See also New long residence case.