it could be 50/50 UKBA can argue that you are USING A FIRST ATTEMPT AS a way to FULL FILL the requirement for 90 days there for they have refused you. But you can argue that while you decision was made you status was same in you case Tier 1. Tricky ! YBut from my experiences it can swing either way

1- If you have completed continues 10 Years Then Yes you can apply for ILR based on 10 Years Long Residency Rule. 2- It does not matter even if you Tier 1 Runs out as by law if you are extending or Appealing, your Status remain the same in you case Tier 1 3- But It's High unlikely that you will get ...

1. Category changing (switching) from: Tier 1 (PSW) 2. Date of expiry of current leave (visa): 13 March 2011 3. Date application posted: 10 March 2011 4. Date payment debited: 16 March 2011 5. Payment mode: Check 6. Date leave to remain valid from: 12 April 2011 7. Date of biometric enrolment: 31 Ma...