urgent please help

I have completed 5 years on tier 2 general my appointment for ilr is on thursday

2 years back when i tried to extend visa with new employer my visa was refused i lodged an appeal and my appeal was allowed and got a visa after a year

now my solicitor is saying my ilr might get refused because i dont fall on 5 years continuous period since i was without work while my appeal was pending

but because appeal was allowed its not my fault. I cant work with new employer until i get visa and i had already left previous work

i will be very thankful if anyone can provide me good sugestion

Well your right to continuous residence continued under section 3C, but the Home Office Rules prevented the employer from employing you.

You cannot be made to pay for their mistake. Fairness will dictate you are given ILR.

If you were within UK during appeal process then continuous period of residence is not broken.
The policy on continuous period of residence talks about periods being away from UK and not about what happened during your stay inside UK, whether you were employed or unemployed whilst being inside UK is immaterial.

However one of the conditions for ILR is legal stay for 5 years which means you must be in the UK for 5 years within the visa terms and conditions. If your visa was rejected at first and later granted through an appeal process, my question to you is 'does the appeal process allow you to be inside UK or not'. This is what the solicitor I think the solicitor is finding it tricky to answer. Best thing to do now is go through all your appeal documentation to see if it was legal to stay in the UK while your case was being decided.

Hope that helps
BHP.

The OP has a right to be here by virtue of the appeal. She is covered by Section 3C, of that i am sure. The conditions of her previous leave continued until the end of the appeals process.

The only question is, whether or not the fact that his/her continuous employment was broken by the fact that the UKVI wrongly refused her a visa, should result in her having to pay for the UKVI wrongs.

Thanks for the response

I was inside UK while appeal was pending and I was under section 3c so my stay was legal

Why solicitor is giving me wrong advice he is saying my visa will be refused because of 1 year gap in employment. He is asking to make employment letter from previous employer that I was working with them untill my appeal is allowed. but I was not there is no tax payment. He says they don't ask for p60s if I got a letter from previous emplyoyer.

I don't know what to do . If somehow they check my taxation history they will find 1 YEAR GAP. They may take a letter as a fake document that will bring me more trouble