ILR Due But Confusion with 10 Years lawful Residence

[jafferdeen]

Hi All

My sister application was refused by the Home Office in 2019 with appeal right.She lodged an appeal which was dismissed.When she got the court decision she made another application next day on the basis of her 7 years old daughter .She was granted LTR Now she has completed 10 years but she is not sure about the period when her appeal was refused and she made new application .
is she still eligible to apply for ILR ?

Please advice

[zimba]

What is her full immigration history? Was the refused application lodged in-time ?

[jafferdeen]

Yes the application was made in time.Application refused by HO .Appeal lodged in First tier Tribunal -appeal not successful then applied for permission to appeal to Upper Tier Tribunal again not allowed .At this point Section 3C must have ended but the applicant made next day a new application for LTR on the basis of her child and was granted LTR for 30 months.

Does she had 14 days to make new application after appeal was not successful?
will this overstayed time (1-2 days) make any impact on her 10 years ILR application?

[zimba]

Paragraph 39E applies. So there is no break