10 years long route including flrfp

[Ameencrush]

Hi i came in 2008 as a student and till feb 2015 i was on student visa completed level 7 diploma. I have applied FlrFp on partner basis in feb 2015 and got refusal with appeal right on feb 2016 still my appeal is going on and still i m in UK and my 10 years long route complete in may 2018.

I have doubts that from feb 2016 till 2018 gap years count in my ten year route or not as it mentioned that i have not given leave to remain but i am on temporary stay with liable to detain with i have to sign every month at some center.
My solicitor advice that this 2 years gap period count in 10 years but i just check on ukba website they mentioned that 10 years only count as leave to remain basis.

Pls someone have any expertise advice?