DLR vs ILR

[Nyx]

Hi Forum,

I would like to say thank you in advance for all your future comments.

I have been in England since 11-2002. However in june 2007 I apply for extension under the Graduate Scheme 3 weeks late. I was refused and asked to leave the country.I left to my country and applied there for the same in October 2007 but I was granted entry clearence as I previously was (student) for 3 months more to be able to apply here again for the Graduate Scheme.
In January 2008 I applied again. However with the help of the MP of my area I got an answer in November 2010. At this time the Graduate Scheme was abolished and the post study work visa in place. I didn't get any of them but they gave me discretionary leave to remain for 3 years.
The HO argued that my master certificate was more than 12 months old and for that reason I wasn;t granted the GS or post study work. By the time I applied my master was granted few months before. It was more than 12 when they decided to answer my application. They also said that I have beengranted DLR because I was in a relationship with an english citizen and they will broke my private life rights if otherwise.

In January 2011 I applied for the unmarried partner visa and was refused because under the DLR you can not change to any other visa, according to HO rules.
My DLR is expiring in December 2012. I would like to apply for the ILR base on the 10 years continuos residency. I am aware of the incident in 2007. However I understand that under the policies they will be able to consider my case. I am not in the same relationship as I was in 2010 and also at the moment I am unemployed and financially broked!!!

Do you have any advice to give in relation to my ILR application?

Many thanks

[geriatrix]

However in june 2007 I apply for extension under the Graduate Scheme 3 weeks late.

The long residence policy allows for discretion to be applied in favor of the applicant when there is only instance of out-of-time application that is submitted no later than 10 calendar days after expiry of valid leave. See Single gap in lawful residence (page 17/66).

Also, you left the country in 2007 at a time when you had no valid leave. This also breaks continuous legal stay under the long residence policy. See Time spent outside the UK (page 17/66).