Break in 10 years lawful residence??

[Shazzzz]

Hi all,

I got a tricky senerio for respectable gurus on this site

I came to UK in oct 2005 visa was issued in same month .
Applied for student extension in oct 2008 was refused in dec 2008,appealed against the decision ... Court hearing was in feb 2009,which was dismissed , I reapllied student visa in feb 2009 which was outside immigration rules at that time ... The application was successful in July 2009 ,since then I never been refused ... Now am on tier 1 enterpreneur.. My 10 years due in oct 2015... So please gurus guide me with your best of knowledge about I got gap or not... As am getting mixed response from solicitors some of them suing there is no gap.. Some saying yes you got gap... Please don't ignore my post as I need your desperately ... Thnx a lot for reading...

[Rockey]

As for as my knowledge is concerned. If you have been living according to their immigration rules lawfully then how can be break in 10 in 10 years.. becz HO always give you time of 28 days to reply , therefore if you had been re applying for visa/ lodging appeal within 28 days in that case you should be alright ..

[maberl2002]

when you say that the visa was outside immigration rules then ...what does it mean

do you mean to say that you had crossed the 28 days period and the 10 year continuity is affected then yes HO will not consider your 10 years

however if you have a good solicitor sometimes exception is given to certain cases in the court and you still can get ILR on 10years

[Shazzzz]

Thnx for your replies ... My concern was that they introduced 28 days rule in oct 2012 ....I applied in feb 2009 which was wrk before this rule.. I spoke to solicitor he said if any old rules benefiting new applicants then HO consider those rules when they making decision.. But still am concern about this scenario .. He said u will be fine you can tell them you made every effort to keep your status legal in this country...

[Shazzzz]

Outside immigration rules means ... Before 2012 you were allowed to apply fresh application if all your appeal rights were exhausted ... On the basis of fresh evidence and circumstances so I did when my appeal was dismissed... But before 2012 there were no such provisions in immigration law for fresh application after all appeal rights..I applied within 28 days ...