SET(LR) Questions

[nganvu]

Hello,
I hope someone can help with my query below:

I have been in the UK for 10 years, I came on 25th Oct 2003.
The issue with my application is:
-One of my previous student visa expired on 30th Nov 2008. I applied for extension of this visa shortly before the leave expired by post (Tier 1 post study work).
-On 18/12/2008 I got the refusal letter from the Home Office, because there was 1 day my bank account went below £800, hence didn't score the point for maintenance. The letter indicated that I had until 20/01/2009 to leave the country eligibly, and reapply for the visa in my country.
-I left the UK on 17th Jan 2009, returned 22 days after that, on 08th Feb 2009 with a 2 year PSW visa.

Now I am advised by the solicitor that they are unsure whether this leave would constitute to the break of my 10-year period, because it is not clear in the guidance for such case. It clarifies I need to have valid leave when I leave the country, and apply visa from outside and return within 28 days.

-What I remembered from the letter is it said if I leave the country before 20/01/2009 and return within 28 days, it wouldn't constitute to the break of continuous stay. Although I don't have a copy of the letter, because I used it to apply for the visa when I was in my country.

-I have contacted Home Office and they advise to request the info anyway from DPU SAR department at Croydon.

-From your experience, would such leave constitute to the break of continuous stay? Is there any advice you can give for such case like mine?

Your help would be much appreciated.
Regards
Nancy

[Amber]

I have moved this to a separate thread as it is regarding SET(LR) and should be posted individually.

See also, Long residence and private life guidance at page 17:

Gap(s) in lawful residence
You may grant the application if an applicant:

 has short gaps in lawful residence through making previous applications out of time by
no more than 28 calendar days, and
 meets all the other requirements for lawful residence