If appeal right exhausted fresh application vary to ILR

[lucky007]

If appeal right has been exhausted and within 14/28 days applied FLR (FP) application and then varied to FLR (LR) and completed 10 years and applied Set (LR), what rules says about this application?

Especially after changes made to long residency rules on 24 November 2016.

[innovation2000]

I don't want to hijack the post but I also need valuable advice on this and also on below from senior members and especially moderators,
Requirements for long residency
The applicant must meet the following requirements to be granted indefinite leave:
• the applicant must have at least 10 years continuous lawful residence in the UK
• there must be no reason why granting leave is against the public good
• the applicant must meet the knowledge of language and life requirement
• the applicant must not fall for refusal under the general grounds for refusal • the applicant must not be in breach of immigration laws, except o for any period of overstaying for 28 days or less which will be disregarded where the period of overstaying ended before 24 November 2016 o where overstaying on or after 24 November 2016, leave was never the less granted in accordance with paragraph 39E of the immigration rules – for more information on overstaying, see applications from overstayers (non family routes).
Please advise on last bullet point above.
(Page 8 of Long residence guidance published on 24 November 2016)

[arshed]

According to my understaning , if fresh application is submitted within 14 days ( which was reduced period from 28 days to 14 days rules changed on 24 november 2016) and during fresh flrfp application process , applicant completes his 10 yrs clock , he can vary to set lr i think he is fine . Rest of i expect from senior members , obie , cr001, casa, vinny , can give better opinion on above querry .

Thanks

[zimba]

You have to be careful because if there are no grounds for your FLR, you could be refused quickly before you become eligible for SET(LR).
If this happens, you will be considered an over stayer since the end of your section 3C period (when you previously exhausted all appeal rights / when the last AR was refused & served)

In a nutshell, you could end up in a situation which you do not have any rights to apply for further leave in the UK, effectively losing all your chances of remaining here

[Frontier Mole]

The interesting word is "lawful"
If you have been servered with reporting instructions, notice for removal or a host of other immigration documents it can stop your ILR clock.
So without knowing the full history no one can really say if varying leave will actually achieve anything.
The other issue is has there been any period in the 10 years where you did not have leave?
So consider your immigration history carefully before you vary your application to ILR.