10 Year Long Residence - Break in Lawful residence

[raz2]

No issues.

Respected All,

I have a specific question regarding break in lawful residence, i need your concentration due to my complex immigration history, plz guide me , am i eligible for 10 years route or not which is completed on this Aug 2017, out of 10 years period i was 102 days remained outside of UK.

allof the 10 years period within legal time farm ever my (any) application remained with HO.

1) I had Tire 1 Student visa from 08 /09/ 2007 to 31/07/ 2011
2) then T1 HS Post study Work 24/08/2011 to 24/08/2013 before expiry
3) then Applied T1 Entrepreneur ( 50 K) 24/07/2013 , but was refused 03/04/2014.
4) then Appealed FTT which is dismissed on 06/08/2014
5) then Appeal permission from FTT refused 25/09/2014.
6) then Direct Permission UTT also refused on 23/02/2015.

7) after that on 12/03/2015 i put EEA EFM Residence card application on behalf of my brother in law
Netherlands national (Living together in UK )
which is also refused on 07/09/2015
9) then appealed FTT which is allowed 21/09/ 2016.
10)but HO challenged on the SALA Case ( no appeal rights EFM) grounds and HO got permission on only Sala grounds from UTT, now further i appealed UTT for permission to the court of appeal , together with fresh application on dated 10/04/2017

my question is that ,is that my 10 years counted or not?

secondly is that my 10 years private life consider or not?

Reply would be really appreciated.
regards
Raz

[CR001]

You have had no valid leave since your last UK visa expired. An application as an EEA Extended Family member DOES NOT give you section 3C cover. So no, you do not have 10 years legal residence to qualify for ILR.

10 years Private life on what basis?

[Aansoo]

I have query so please help me out, i applied my spouse on time like before expiry my previous visa in july 2013, then in 1st week of September they sended back my application and all the documents with one letter and in that letter they mentioned that my application is invalid because of the payment issue the thing is that i did have an enough money in my account but i don't know why it did not go through, in that letter they mentioned that i can resubmit my application again but they did not mention in how many days i can resubmit but anyway i did submit my application in 6 days and in in end of October 2013 received my spouse visa, so my question is that now i am applying for my 10 years long residency visa so i do have a gap for this 6 days or not? as i am going on window so paying more than £2500 so if someone help me out then i shall be grateful.

[secret.simon]

they mentioned that my application is invalid

If they said that the application was invalid, that means effectively that it was never made. Hence, it does not engage Section 3C leave. Therefore you had a break in leave between the expiry of your visa in July 2013 and the end of October 2013 when you received your spouse visa. As the gap was more than 28 days, your continuity of residence is broken. It is highly likely that a premium service ILR(LR) application will be deferred, if not rejected outright.

Wait for others to advise, but I think that you should apply through post. And while the application may be granted by exercise of discretion, be prepared for a rejection.

[raz2]

You have had no valid leave since your last UK visa expired. An application as an EEA Extended Family member DOES NOT give you section 3C cover. So no, you do not have 10 years legal residence to qualify for ILR.

10 years Private life on what basis?

10 year private life as i have no ties back home, have family ties here , enjoying my family life with my brother in law / sister /4 kids (nieces/nephews), we are living together. is that the case ?

[Aansoo]

Thank you for the reply secret.simon***the thing is that my PSW visa was going to expire on 25 july 2013, so i applied my spouse visa on 18 july 2013, then on 2nd september 2013 they sended back my application and all documents with the letter mentioned that my application is invalid and i can resubmit my application, then on 8 september 2013 i resubmitted my application and got my spouse visa on 18 october 2013, so as you are saying that i do have a break from july 2013 till october 2013 but how come? because i applied my application on time so how come the break is coming? because from 18 july till 1st september my application was valid?