Long 10 years residence application guidance/help

[IS777]

Hello,

Can anyone assist with a proper advice on the chances of making an ILR application on the basis of the following history?

1. I entered UK on 22nd September, 2005 on student visa, extend student various student visa in time until 31st January, 2009.
2. Make an in time application for tier 1 post-study work visa on 31st January, 2009. Application refused on the basis of maintenance and photo copy documents. Make an in time appeal and won the appeal successfully. Got post-study work visa until 8th September, 2011.
3. Make in time FLR(o) application on 22nd August, 2011. Application refused. Follow an in time appeal process with no success and final judgement came on 31st January, 2012.
4. I Was already enrolled on PhD course from September, 2011 but the reason for sending an FLR(o) application instead of Tier 4, is that I was also running a business which I started on my post-study work visa and I couldn't continue study and business on Tier 4 visa. The plea in FLR(o) application was to get some time to sell the business and then move back to Tier 4.
5. However, following the unsuccessful appeal process of FLR(o) application that ended on 31st January, 2012. In order to continue with my PhD, I sent Tier 4 application on 8th February, 2012, which has been refused for maintenance funds issue on 17th May, 2012 with no right of appeal and I received the refusal letter on 24th May, 2012. They also forward my passport to enforcement team and asked me to get in touch with them. I sent a letter to UKBA on 29th May, 2012 with explanation as to why I can't leave and I am sending a fresh application with full documents.
6. I sent a fresh application with full documents on 8th June, 2012. This application has been lost somewhere in the UKBA and they arrest me for deportation in October, 2012. I maintained my position that my application is in process and got a relief from High Court. The time was passing and in the end UKBA accepted that we have the application and we would like to reconsider the application, if I take my case back from High Court. I accepted the offer. They re-consider the application and issue me visa in January, 2014.
7. Following this, I renew my visa couple of time by sending an in time applications and now I am on post-doctoral extension visa, which is expiring on 8th June, 2017.

Summary: Overall I completed more than 10 years. In my person opinion, the history looked relatively straight forward until 31st January, 2012 if I take into account Section 3c protection. And again the history looked relatively straight forward, if I take into account the 8th June, 2012 application and the time spent after that. However, the gap between 31st January, 2012 and 8th June, 2012 is of concern. I did send my first Tier 4 application on 8th February, 2012 which is refused on 17th May, 2012 and I received the letter on 24th May, 2012 but I don't know if this application can be counted towards lawful residence or not? Because with this application total gap is less than 28 days and without this application total gap is more than 28 days.

I am looking forward for clear and true advise on this matter because some solicitors say it is possible and some say it is not. Thanks in advance.

[Abc499]

I think it is clear that your continuous residency has been broken and will not be eligible for LR-ILR now

# Tier 4 application on 8th February, 2012 (1st out of time application within 28 days )
-only this approval could keep continuous residency.

# fresh application with full documents on 8th June, 2012 (2nd out of time application, 28 days+. sec 3C end on 31st January 2012))
-even if this application was not lost by HO, still continents residency broken here. even if they approved the visa on 8th June 2012 on this application, still continuous residency broken.

[IS777]

Thanks for the assistance Abc499.

[IS777]

Dear Abc499,

I understand your previous reply. Just one more point for which I have to read the final court order again to confirm. However, what would be the case, if I have permission to apply to court of appeal within a specified time in the final letter I received from upper tribunal on 31st January, 2012 and before that period ends, I sent a new application under Tier 4 for leave to remain? This will make any difference? Thank You.