10 year ILR - Allowed Gap Help please

Hi, could someone would help me with my below scenario and questions?

My immigration history:

I entered the United Kingdom on 09 July 2009 with entry clearance as a Tier 4 (Child) student. I were granted leave to enter on your arrival, valid until 03 October 2012.
On 03 October 2012 I applied in time for leave to remain as a Tier 4 (General) student. I were granted leave to remain, valid until 28 January 2015.
On 17 November 2014 my leave to remain as a Tier 4 (General) student was curtailed with no right of appeal. My leave to remain was curtailed to expire on 19 January2015.
On 16 January 2015 you applied in time for leave to remain outside the immigration rules. On 10 March 2015 my application was rejected as invalid as I failed to provide mandatory documents with my application (photographs). On 23 March 2015 I applied out of time for leave to remain outside the immigration rules.
On 21 September 2015 I varied my previous outside the rules application due to change of circumstances.
On 04 April 2019 I varied my outside the rules application into an for leave to remain on the basis of your family and private life in the UK.
On 12 June 2019 I varied my leave to remain application into an application for indefinite leave to remain on basis of 10 years long residence.
Reason for refusal:
You did not then submit your next application for leave to remain outside the immigration rules until 23 March 2015, it is noted this was 63 days after your lawful leave to remain in the UK expired. You applied to vary this application on 21 September 2015 into another application for leave to remain outside the immigration as your circumstances changed. You then varied your application again on 04 April 2019 into an application for leave to remain on the basis of your family and private life in the UK. You then varied into your current application for indefinite leave to remain on the basis of 10 year long residence on 12 June 2019.

My point:

When I applied on 16th January 2015 my application got invalid due to missing photographs. Home office mentioned in the refusal letter that they have sent me a letter on 28th January 2015 regarding missing photograph, but I never received any letter from home office. Then they invalid my application on 10th March with a letter where they ask me to put a new application within 28 days. I applied on the 13th day (23rd March 2015) of the letter. But home office considering it as 63 days as overstays. On that bases they refused the application under 276B. (i) (a).
Now my questions are:
1: is my continuity broken?
2: is there any difference between invalid and refusal?
3: Is there any chance to fight against it.
4. Are there any previous cases which are given permission to stay?

Thanks
Vesh

You have been an overstayer since 19 January 2015 because an invalid application will be treated as if such application was never made to begin with. I do not know who suggested that you apply for ILR despite being an overstayer without a valid leave for almost 4.5 years

Thanks for your reply . It’s not 4.5 years it 63 days which is not my fault as I never received the letter from HO regarding the photograph, due to this they made my application as invalid and considering it as 63 days overstays.
Thanks
Vesh

Vesh123 wrote: ↑

Sat Oct 12, 2019 4:26 pm

Thanks for your reply . It’s not 4.5 years it 63 days which is not my fault as I never received the letter from HO regarding the photograph, due to this they made my application as invalid and considering it as 63 days overstays.
Thanks
Vesh

Your application was 63 days out of time but that does not change the fact that you have been an overstayer for 4.5 years. When you submit an out of time application, you do not magically become a lawful resident and you remain an overstayer until you regularise your stay. This is a common misconception and it was cleared by case law for long residence (Ahmed v Secretary of State). Time spent waiting for an out of time application is not lawful stay unless you regularise your stay which then any period of overstaying between leaves will be ignored. You have not had a valid lawful leave since 2015