ILR Eligibility

Dear Sir/ Madam
1. I first entered the United Kingdom on 24 Sep 2008 as a dependant student this visa was valid from 18th August 2008 to 30th Sep 2009 and then I extended my dependant student visa within the UK the visa granted on16th October 2009 till 15th January 2011 . After that I went back to my home country on 14th January 2011.
2. I applied for student visa tier 4 from my home country and granted on 20th January 2011 and expired on 30th November 2011. (Note: I have the first gap 5 days outside the UK without visa).
3. On 17th November 2011 I departure UK to Tunisia and retuned back to my home country and applied as a dependant student visa on 4th January 2012 from Tunisia and the visa granted on 23th January 2012 till 30th April 2016. (Note: second gap outside UK 34 days).
4. On 4th April 2016 we applied for asylum seeker within UK and the visa granted on 31st January 2018 to 25th January 2023.
5. Summary: overall I completed 10 years. In my person opinion, the history looked relatively forward until 4rth January 2012. However, the between 30th November 2011 till 23 January 2012 is of concern. I did send my tier 4 dependant student visa from Tunisia on 4th January 2012 which is granted on 23rd January 2012. But I don't know if this application can be counted towards lawful residence or not? Because with this application total gap is more than 28 days (34 days). However, I have strong evidence that the gap because of my country Libyan conflict prevented me to apply within 28 days. According to the home office document published on 06 July 2018 stated that “Absences of more than 180 days in a 12-month period before the date of application (in all categories) will mean the continuous period has been broken. However, you may consider the grant of indefinite leave to remain (ILR) outside the rules if the applicant provides evidence to show the excessive absence was due to serious or compelling reasons”. Therefore, because of that reason I have strong evidence that the Libyan conflict had impact on my visa situation. First of all there were no embassy in my home country to apply for visa, so, I had to travel to Tunisia to apply for visa. The flying zone in my country at that time is closed. It was not easy to travel because the situation unsafe to travel because of the country Chaos.
I am looking forward for clear and true advice on this matter because some solicitors say it is possible and some say it is not. Thanks in advance.

I think you do read the guidance well so your question is whether the caseworker would use the discretion. the answer is no one can 100% sure.

If you really want to try, you need to provide objective and solid evidences that you were really prohibited to travel to make the visa application. If you fail to do so, likely they won't accept. You may need to list where you are exactly during that 34 days and provide proof (like local news) that you were exactly trapped in hostile situation in that particular places. Simply tell the story of your own without objective proof cannot help.

Or, you can wait until Jan 2022, then you have no problem for sure.

There is NO break in continuous residence if you LEFT the UK with a valid visa and returned on another visa within 180 days.

There is no requirement to apply for a new visa abroad within 28 days if you had a valid visa when you left the UK. It only applies if you left the UK AFTER a visa has expired.