56 days short to complete 10 years residence

[nyigan12]

Hi vinny or other moderator or anyone

My student visa expires exactly 56 days before completing 10th anniversary. If I apply for tier 2 general on the day My student visa expires, if, for the worst case scenerio, it takes more than 28 days and then my tier 2 visa is refused for any reason, my main question is that am I eligible to apply for making a fresh application for ILR within 28 days before I reach My 10th anniversary of long residence?

Thanks very much in advance.

[vinny]

Worst case is that you may have a break in continuous lawful residence after a rejection.

However, if they haven't decided by the time you're eligible under long residence then you may vary your application to ILR.