Ilr broke if DRF1 EEA application made

I came uk 4th October2009 student visa and
21 November 2013 visa valid until for student .
19th November 2013 apply for DRF1 application before my student visa expire.i got COA letter with work permit.After 6 month this application refused with appeal Right.

13 October 2015 apply get marriage permission to city council that time pending my application with upper terbunal court.

23 October 2015 drf1 ( derivative residence permit ) for career my British father application which was Upper tierbunal court refused give to permission and dismissed.

19 November 2015 fresh application for flr fp British patner which was granted 10 years route.
Application was made Within 28 days after refusal from upper tierbunal.
My question is can I apply for 10 years long residence this year and Drf1 application can affect my lawful residence and 3c leave.

No you cannot because EEA residence applications do not engage the section 3C as they are not covered by the UK immigration rules. You overstayed between your student visa expiry and the date your FLR was approved. So your lawful residence is broken

It is essential for the Home Office to exercise discretion when counting the time spent in the UK under EU law being exempted from immigration control as a lawful residence and this statement is in accordance with the Policy Guidance of the Home Office on the 10 years long residence category. Therefore, an individual can merge his or her lawful stay under the UK law with the time spent under the EU law to apply on the basis of the 10 years continuous and lawful residence for an Indefinite Leave to Remain in the UK.

My solicitar advice me that i can apply because my chain not broken.

Chowdhury82 wrote: ↑

Tue Apr 16, 2019 2:40 pm

It is essential for the Home Office to exercise discretion when counting the time spent in the UK under EU law being exempted from immigration control as a lawful residence

Correct. Your legal residence under EU law would only have started if you were granted derivative residence (and even then, only from the date of the grant, not before). Merely submitting an application for derivative residence does not give residence rights under EU law.

As you were never granted derivative residence, you never were resident in the UK under EU law. Therefore that period is not taken into account.

Your solicitor is mistaken. Show him this thread and write back with his response.

is my two years here are illegal?

Chowdhury82 wrote: ↑

Tue Apr 16, 2019 2:54 pm

is my two years here are illegal?

Yes.

Chowdhury82 wrote: ↑

Tue Apr 16, 2019 2:40 pm

It is essential for the Home Office to exercise discretion when counting the time spent in the UK under EU law being exempted from immigration control as a lawful residence and this statement is in accordance with the Policy Guidance of the Home Office on the 10 years long residence category. Therefore, an individual can merge his or her lawful stay under the UK law with the time spent under the EU law to apply on the basis of the 10 years continuous and lawful residence for an Indefinite Leave to Remain in the UK.

No one here argued that time spent under EEA residence does not count towards long residence. Time spent under EEA residence routes count as long as you had valid leave and demonstrate that you/your partner exercised EEA treaty rights.

However the argument here is that time spent waiting for an EEA based application or appeal without a valid UK leave is considered overstaying because there is no section 3C cover (unlike in-time applications made under UK immigration rules). So you applied under EEA rules before your UK visa expiry but given that there is no section 3C cover for an application under EEA rules, you ended up an overstayer when your student visa expired and remained as such until FLR granted few years later.

3. Is time spent as family member of an EEA national counted towards 10 years long residence for the purposes of applying for ILR under the 10 years long residence category?
According to the Home Office Policy Guidance on 10 years long residence, the Home Office must exercise discretion in counting all the time spent in the UK under EU law being exempt from immigration control as lawful residence. As such a person can combine his lawful stay under the domestic law (UK law) with the stay spent under EU law to apply for ILR on the basis of 10 years continuous and lawful residences .
Please can you explain this one.My solicitar check my SAR( subject to acess record) and all my papers and said to me i can apply 10 years long residence .i am confused now.

You don't have any time spent under the EU rules as your application was refused and you therefore had no legal status. You had no automatic rights under the EU rules.

What about my appeal pending on court that time and six months work permit?

Chowdhury82 wrote: ↑

Tue Apr 16, 2019 6:22 pm

What about my appeal pending on court that time and six months work permit?

None of that time counts. As Zimba has already explained, Section 3C leave (which is the leave you have when you make a UK Immigration Rules based application and if it fails, appeal it) does not apply to applications made under EU law.

Your residence between 21st November 2013 (when your student visa expired) and 19th November 2015 (when you got FLR(FP)) was illegal.

Time while waiting for an application under EU law and any appeals does not count as legal residence.

You are asking the same question and quoting the same text. Please read the answers that you have already been given. Asking the same questions repeatedly does not lead to a change of answer.