Urgent advice needed

[Helpadoctor]

Hi.

I have lived in the UK for 11.5 years.
I have held a Tier 2 visa for 3 years.
My most recent tier 2 visa expired on 29 Aug 2018.
I submitted an in time ILR 10 year long residence application on 22 Aug 2018.
I continued to stay and work in the UK on section 3c leave.
On 27 Feb I was sent a refusal of my ILR due to overall absences over limit.
I was given 14 days to appeal or apply if I have a legitimate reason.
I decided to, and have, submitted a Tier 2 General application well within the 14 day period.
The outcome is expected in 8 weeks.

Does my section 3c leave still continue?
Can I continue working?

[zimba]

No. Your section 3C has ended on the day you applied for a new application.

[Helpadoctor]

Thank you Zimba. May I clarify on the basis of what leave I am over staying on legally in the UK following the submission of my Tier 2 application?

[bizman]

I’m surprised as he has lived in UK for more than 10 years. Zimbabwe can you please shed more light

[CR001]

I’m surprised as he has lived in UK for more than 10 years. Zimbabwe can you please shed more light

Surely you mean ZIMBA and not 'zimbabwe'!!

To qualify for ILR based on long residence, simply LIVING in the UK is not sufficient. The applicant MUST have 10 years LAWFUL residence, ie legal status for the whole 10 years.

[zimba]

Also read this: indefinite-leave-to-remain/break-in-10- ... 48466.html

[bizman]

Sorry I meant Zimba and not Zimbabwe please. Yes I know it’s legal residency. Can you explain how he has broken his legal residency in this regard

[CR001]

Sorry I meant Zimba and not Zimbabwe please. Yes I know it’s legal residency. Can you explain how he has broken his legal residency in this regard

His Section 3C ended with the last refusal.

For the overstay to be ignored, the current pending application would have to be approved.