Rule for upto6 months leave of absence in 10 year settlement

[gurpreet45]

Can anyone please help me with some information.......

My brother-in-laws case is as following:
* He came to UK with student visa on September 2007.
* He finished 3 years bachelor degree in 3.5 years coz of 1 unsuccessful module and completed degree in February 2011.
* After that he got extension on PSW till April 2013.
* Then he applied Tier 1 entrepreneur visa in March 2013 but was rejected. he was given the right to appeal. He made an appeal but then withdrew his entrepreneur visa appeal before he was given the date for hearing in the court. He left for India a week ago (i.e October 2013).

In this situation:

Question) He has legally been in the UK for 6 years till October 2013. He would like to apply for student visa for Postgraduate diploma course starting in Jan 2014. If he gets entry clearence and comes back to UK in January 2014, can he still continue his residency. Will he be able to apply for 10 year residence if he stays in UK for another 4 years i.e. will last 6 years still count under current rules.
Para 4 on Page 24 of link talks about section 3C that we are confused if it applies in this case: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[vinny]

When did he withdraw is appeal?
When did he leave the UK?

[gurpreet45]

He withdrew his appeal on 5th october2013 and left UK on 20th October 2013.