ILR LR Refuse

Hello Gurus

Thet Refuse my ILR Lr 10 year on the basis of invalid app;ication in 2010, I have a right to appeal in 14 days need your suggestion

REASONS FOR REFUSAL

On 19th May 2019 you made a human rights claim in an application for indefinite leave to remain in the UK on the basis of your long residence in the UK.
Your human rights claim‘ has been considered under those Rules, and with reference to Article 8 of the European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed on gov.uk here: www.oov.uk/guidance/immioration- rules.
This decision takes into account as a primary consideration the best interests as a child and those of any relevant child, in line with the Secretary of State’s duty under section 55 of the Borders, Citizenship and Immigration Act 2009.
Your human rights claim has been refused for the following reasons. Immigration History
• 18th February 2009 — Entered UK with entry clearance as a student valid until 30'h April 2010.
• Applied in time for leave to remain under the Tier 4 General Student catego.ry. Leave to remain was granted until 30th September 2010.
• Attempted to apply in time for leave to remain under the Tier 4 General Student category. This application was rejected as invalid.
• Attempted to apply out of time under the Tier 4 General Student category. This application was rejected as invalid.
• Applied out of time for leave to remain under the Tier 4 General Student category on 17th November 2010. Leave to remain was granted from 6th January 2011 until 30th January 2012.
• 28'h January 2012 — Departed the UK.
• 30'h May 2012 — Entered the UK with entry clearance under the Tier 1 Post Study category valid until 12th April 2014.
• Applied in time for leave to remain under the Tier 1 HS Entrepreneur category. Leave to remain was granted until 15th May 2017.
• Applied in time for leave to remain under the Tier 1 HS Entrepreneur category. Leave to remain was granted until 10thA pril 2020.
• Applied in time for indefinite leave to remain on the basis of long residence. Consideration
Your application for indefinite leave to remain on the basis of your long residence has been considered with reference to paragraph 276B of the Immigration Rules.
Your attention is draw.n to the”following requirement:
(i) (a) he has had at least 10 years continuous lawful residence in the UK.
You entered the UK on 18th February 2009 and had lawful residence until 30'h September
2010. You attempted to submit ap licaations to further your leave to remain in the UK
dated 29th September 2010 and 3” N venber 2 10ehoweveahese here rejected as
invalid due to incorrect photographs and an incomplete form respectively. Your next valid application was submitted on 17'h November 2010 which is 48 days after your leave to remain in the UK expired. As such this application was submitted out of time and you
were without lawful leave until it’s conclusion on 6th January 2011. In light of this, it is

considered you have had a break in your lawful leave from 30'h September 2010 until 6th January 2011 and have not therefore accrued the required 10 years continuous lawful residence.
Your application is therefore refused under paragraph 276D of the Immigration Rules with reference to paragraph 276B(i)(a).
Notwithstanding the above, consideration has been given to your circumstances to whether a period of limited leave to remain is appropriate on the basis of your family life in the UK under the parent or partner route of Appendix FM, your private life under paragraph 276ADE(1) of the Immigration Rules and with consideration of any exceptional circumstances.

Decision seems correct to me. An invalid application does not engage the Section 3C protection