ILR ON 10 YEARS LONG RESIDENCE CASE

[ujav]

I Eenter on 27 September 2007, I entered the United Kingdom with Leave to Remain as student, with valid leave until 31 October 2010.
On 24 November 2010, I was granted Further Leave to Remain in the United Kingdom as a Tier 4 General Student until 21 January 2012 to advance further in my studies.
On 12 April 2013, I was granted Leave to Remain in the United Kingdom as a Tier 4 General Student until 17 May 2013.
On 20 April 2013, my application for Leave to Remain as a Tier 1 Entrepreneur was refused.
On 23 August 2013, I was granted Leave to Remain in the United Kingdom as a Tier 4 General Student until 23 September 2014.
On 24 July 2014,made application for further Leave to Remain as a Tier 2 General work permit was refused on 06 January 2016, allowing me the opportunity for a in country right of appeal,Which i have made in time.
Since my refusal for my further Leave to Remain as stated above, my circumstances have changed; I got married to tier 4 student hand have daughter and request the Tribunal to take into an account my Family and Private Life in the United Kingdom. Which court has accepted and outside of rules and under article 8 and my appeal was allowed. But now Home office applied for permission to appeal to upper tribunal and my 10 years are going to be completed by September 2017.
I need advice can i withdraw my appeal in mean while its pending in Upper tribunal for permission from home office and also can i make same day or postal application For ILR 10 year long residence basis while i do not leave to remain at the moment as matter is still in court but i have always lawful status and has section 3C continued.
Or should i withdraw appeal and apply for Tier 4 student dependent first on my wife visa and then Apply for ILR.
Please give me some helpful suggestion and advice

[zimba]

You did not mention the dates in which you applied for various visas to ensure that your continuous period has continued and to check if you are really eligible for long residence ILR.

[ujav]

I have Always Applied in time before my visa expiry date and made appeal before 10 working days and In my last decision Judge has even mention I have my section 3C. I want to know if i withdraw my appeal, does the time since my last appeal from january 2016 will count and can i make ILR application when matter is in court and i dont have existing Leave to remain. My wife visa will expire in Feb 2018 and my grounds in appeal will be finished if i wait untill next hearing in case home office gets permission for right to appeal. Also what if i withdraw and make fresh tier 4 dependent does it effect my 3c. Also if there is any good suggestion how to proceed.

[zimba]

You must withdraw your appeal which ends your section 3C before applying for any new application. I suggest to stick with your appeal and apply for ILR when you exhausted all avenues

[abbashassan]

what I think is your section 3c was broken on 20 April 2013 when your application as a Tier 1 Entrepreneur was refused.

section 3c starts when you submitted new application while having valid leave.

section 3c ends when application is decided.

your application for Leave to Remain as a Tier 1 Entrepreneur was decided on 12 april 2013.

when you put new application on 23 august 2013, you didn't had valid leave at the time in order to start section 3c.

May be I am wrong but is there any senior member to correct my suggestion.

[zimba]

Periods of overstaying will be ignored if the out-of-time application is eventually approved