Clarification and possible advice on legal remain under Section3C for 10yers ILR

Hi,

I was thinking of starting the process of my ILR application but an advice from a solicitor is making me reconsider and I would like to ask on this forum for any opinion on my scenario.

My immigration history is as follows:
-Entered the UK on Tier4 (student) for my MSc in Sept 2008
-Changed to PSW (in-time application) after graduation, then got admission to do my PhD in 2010/2011
-Started my PhD with the PSW and in 2012 made an in-time application to change to Tier4
-Tier4 application was refused (Not enough funds for 28 days to gain 10 Maintenance points)
-Appealed as I had the option (in-time) and got the appeal decision on 23rd July 2012 (Letter dated 20th July 2012).
-The appeal was unsuccessful but with the option of applying for permission to appeal in the upper tribunal and this was to be made within 5 days of receipt of the letter).
-Decided against further appeal on advice of my then solicitors and left the country on 1st August 2012.
-Came back with a Tier 4 to the UK on 9th Nov 2012 (i did not re-apply within 28days) and completed my PhD and I am currently on Tier2.

My current solicitors say I had legal remain under Section 3C (claiming in 2012, if one had an option to apply in the upper tribunal, you had 10 days of Section 3C, not the 5days I was given to apply for permission) and could make a detailed application with a good covering letter.

I am asking if anyone has any advice confirming or disputing this, or, has been in a similar situation and applied successfully. Thanks.

When you left the UK you had no leave and were under Section 3C. Section 3C leave will end if a person leaves the UK.
As you did not apply for a fresh visa within 28 days of leaving the UK, your lawful continuous period was broken. So you cannot get ILR under long residence

Thanks, Zimba for your response.

Does having Section 3C not mean extending my leave under the previous leave I had and does this not mean leaving the UK with valid leave and returning with valid leave even if it was under a different Tier?

Possibly