ILR and PSW Appeal

Hi there

I will be applying for ILR under 10 years long residency rule this month. But before i apply i need to get clarification on one point if anybody could help that would be great. The point is that

I have spent 10 years in UK as a student/psw and in 2009 when i applied for PSW visa the Visa got rejected as HO made a mistake and the appeal was allowed later on. I did submit the Visa papers for an extension before my current leave ran out, but because HO made a mistake and rejected it and then allowed the appeal, i have about 6 months gap from my previous extension and my PSW appeal allowed extension.

Applied for PSW on 08th Jan 2009 but on 23rd Feb 2009 the application got rejected, 05th March 2009 appealed against the HO decision and appeal was allowed on 17th April 2009 then sent the passport to HO to get the PSW Visa stampedOn 11th August 2009 Leave Granted under PSW category until 11th August 2011. – PSW

GAP ( Jan 2009 - Aug 2009) no visa on passport as i was following the appeal process - what would happen to these 6 months?

Now the question is

Is my continious time spent in uk to qualify for ILR under Long term category has been broken or not? as i did apply for extension well before my last Leave to remain date and HO allowed the appeal.

Please guide me if you can

Many Thanks in advance

There is no gap, as exisiting leave (in your case, as student) is deemed continuing during the appeal process. Since your appeal was allowed (PSW granted), there is no break or gap.


regards