long residency break

dalaremal wrote:Hi
One of my friend is having a question regarding the long residency. He came to the UK

in 2009 on student visa
got PSW till Feb 2013
applied for entrepreneur in Jan 2013
Refusal and appeal dismissal process lasted till Nov 2013
Fresh application in Nov 2013 (within 28 days of the refusal)
got Entrepreneur visa in Jan 2014


In the meantime, he went to his home country from March 2012 to Dec 2012 (almost 9 months). Now, he has broken the rules of 180 days for continuos residence.

After December 2012, he is living here in the UK without breaking the rules for 180 days, will he be able to apply for ILR on the basis of his long residency status counting from Dec 2012 till Dec 2022?

Your help will be greatly appreciated!

Yes he will if the existing law is there

Scenario:1

My leave to remain VISA application on article 8 was rejected and my previous solicitor appeal on first tier tribunal and appeal was June 2014. 5 month before the hearing date on last January 2014, I changed my solicitor and present solicitor immediately informed Home Office and tribunal about the changes(I changed my address aswel during this time).On my hearing day my present solicitor mention that he is my present solicitor and my present address.Tribunal dismissed my appeal on first week of July 2014 and unfortunately they sent decision letter to my previous solicitor's address .I did not knew the decision until I phoned Tribunal on 2nd week of August 2014 about the outcome.They also said they still have my old address and previous solicitor's name in their system(they haven't update their system yet).I immediately phoned my solicitor about the issue.My solicitor then phoned tribunal and Tribunal said they will reissue our decision’s letter and send it to right address.they also said to my solicitor that they have a backlog in their system, so they will take time to send it.So,we are waiting for the decision letter for last 2 month and 10 days.My solicitor said because tribunal sent decision letter into wrong address, so its not valid and 28 days will start count when he will officially received decision letter from Tribunal.I like to know -for this Tribunal's mistake, is it will be consider as break of my long residency for ILR application in the future ?

Scenario:2
I used to work for MacDonald and a Indian restaurant.My right to work should still active according to 3C,because still we did not received official decision letter from tribunal.But MacDonald stop my work when they checked with Home office on 10th September 2014.when MacDonald checked my status with Home Office,home office told them I did not appeal in time and I lost my working right.may be Home office are not aware about tribunal's mistake.So,last week my solicitor wrote to home office about those issue with tribunal(Tribunal send decision into wrong address) .now I am also scare to work in Indian restaurant because if immigration officers come in this restaurant then might be I will be in trouble. can you please give any advised on this situation ??

Let me share my friend's experience with you guys I hope it will give you a lot of Relief.
He applied for PSW when it was about to close.
Got Rejected not meeting criteria.
Lodged appeal, went to Tribunal, high court, supreme court
Result: Rejected.
He has spent two years on appeals.
He was two or probably three months to complete ten years,
Applied on 10 years rule basis and He got his ILR recently.
So there is no break of continuity if your appeal is rejected. He has applied for his ILR within 28 days of rejection