I have applied for ILR under tier 1 and went on window on 24th of feb,2013. But the case worker withheld my case and asked for additional documents which we submitted on 09th of March,2013. I had a valid visa till 25rd of March 2013 but still i have got no response from UKBA. I am also eligible under 10 years rule for ILR. Today I met a solicitor who told me that if i get refused under HSMP i am not eligible under 10 years rule as i will have no valid visa to switch over ILR under 10 years rule.
My question is that if i get a right of appeal and within the period to appeal we still have legal status , can i apply under 10 years rule then.
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