10 year long residency and break/overstayer

Hello,
I shall be very thankful if somebody help me with the following issue:

I am suppose to complete my 10 years in Novembers end 2016 and my current entreprenuer visa expires on 8th oct 2016, My main problem here is that back in aug2009 my in-time student extension application was refused, I took the case to then lower tribunal where it got dismissed, then went to upper tribunal and got refusal from there as well.At the time I got my degree and applied with in 13 days for psw which was accepted after few months of the psw application submission. I have heard from some one that during the time period from upper tribunal decision (dismissal) to grant of psw visa (about 3 months), my status was over stayer and my 10 years residency has already been broken. Now I would request from moderators, senior members or any body who has witnessed such a situation to throw some light on my case. I don't know what will be the law in 2016 but just want to know if it is even worth to go for long residency route or just give up on it or looking at it. If the so called 28 days concession work in my case?

Please reply my query and help me out in this situation with your golden advise if possible.

Thanks.

Is there really no body to help me with the issue I am facing? not even the moderators? standing members? Please let me know if I haven't explain my situation enough in the post. I can rephrase it or change the wording.

Should be okay (276B(v)), if you made a successful leave to remain application within 28 days of overstaying.

Thank you so much vinny for being helpful as usual, I knew you will be the 1st to response. Don't have words to appreciate your serious, sincere, timely and accurate informations and being always prepared to help out the forum members with your valuable information.

Thank you so much.

Hello Legal Khan, Vinny,

I have exactly same situation as legal khan have posted. Lost appeal at Court of Appeal, made new application within 28 days which was approved by HO after wait of few months, now solicitors are saying to me that since I lost appeal to the date I was granted visa by Home Office, it has broken my long residence.

I have gone through link which Vinny posted but honestly can not see any sentence which talks and supports above situation.

Should be okay (276B(v)), if you made a successful leave to remain application within 28 days of overstaying.

Please could you kindly post exactract which helps in above situation?

Thank you..

The Immigration rules part 7 (276B(v)) states:

(v) the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.

So your continuous period is NOT broken.

helpingperson wrote:Hello Legal Khan, Vinny,

I have exactly same situation as legal khan have posted. Lost appeal at Court of Appeal, made new application within 28 days which was approved by HO after wait of few months, now solicitors are saying to me that since I lost appeal to the date I was granted visa by Home Office, it has broken my long residence.

I have gone through link which Vinny posted but honestly can not see any sentence which talks and supports above situation.

Should be okay (276B(v)), if you made a successful leave to remain application within 28 days of overstaying.

Please could you kindly post exactract which helps in above situation?

Thank you..

Dear Helpingperson,
As for as I believe you should be Ok, this 28 dyas does apply in your case.