ILR in long Residence Break confusion

[JoshJos58]

Hi everyone

I am a scilent reader for this forum for long time as I have applied my ILR recently and a bit confused about long Residency break.Please anybody can give any help where details are below

I entered in UK under student visa 08/04/2007 .
Then I renewed my visa under Tier 4 till 30/12/2010.
Again I have applied for my Tier 4 from university on 07/01/2011 due to not able to receive CAS letter where university was closed due to Xmas and New years holiday.Therfore 30/01/2011 HO returned my application including passport and mentioned that Application in INVALID where HO was not able to take any fees.
Then I applied a fresh application on 07/02/2011 under Tier 4 from same university where university contacted with HO and advised to apply for a fresh application.Later on it was granted on 05/04/2011 till 30/12/2011.
I have applied for PSW and it was granted till 18/12/2013 .
I have applied for Tier 1 Entreprenuer and granted till 31/12/2016.
I have to apply for Tier 1 Enterprenuer extention on 17/12/2016 but on March 14, 2017 I varied my application to SET (LR) which was 20 days before 10 years period.

NOW my confusion is due to Invalid application was my continues residance broken in 10 years long residence ?? ANY senior please advice and what will be consequences ??

Regards
Josh

[zimba]

Didn't you think that you need to confirm this first before varying to SET(LR) ??
It seems you have a break in your leave between 30/12/2010 and 05/04/2011.
The issue is that as you described, you applied out-of-time for a Tier 4 application on 07/01/2011 which was 7 days after your visa expiry. That was returned as invalid. This means you were an overstayer and had no section 3C from 30/12/2010 until you were granted visa again on 05/04/2011. To me, this clearly breaks the 10 year lawful stay in the UK and you will not be eligible for ILR based on long residence.

Even if you applied in time and before the expiry of your visa on 30/12/2010, your continuous stay still would have been broken.
Based on the law, section 3C does NOT extend when the application submitted is returned as invalid. In case of Mirza v Secretary of State, the supreme court maintained this