ILR on basis of LR (CONTINUOUS BREAK OR NOT)

[abbashassan]

Hello everyone,
i want to share my information and want to get some sincere advice.

Immigration History,
*came as student in Feb 2007.
*student extension April 2008 until July 2011.
*got PSW in Feb 2011 until Feb 2013
*before my PSW expired, i was married here and wife had discretionary leave so as solicitor said i applied for spouse in April 2012. which was refused in Feb 2013 before my PSW expiry and was given no right of appeal as they said i have valid leave to remain at the time of refusal.

APPLICATION UNDER HUMAN RIGHT
*So before my PSW expiry i again submitted my application on human right basis under article 8 family and private life. (i think section 3c started at this point).
This human right application was refused with right of appeal on November 2015 (after 2 and half year almost).
*Got hearing in July 2016 and was also rejected and i went to upper tribunal and Upper tribunal also rejected in August 2016. I received the letter to leave country in 28 days. (i don't know continuously broken or not)

APPLICATION ON BASIS OF LONG RESIDENCE
*I had no option except to submit new application on basis of Long Residence within 28 days as i was here since Feb 2007 and it was 9 years and 7 months at that time. so i submitted ILR application within 14 days from refusal from upper tribunal.
My LR application was also refused in December 2016 just before 2 months i was going to complete 10 years. they put rejection reason that its only 9 years and 10 months (more then 28 days of concession period) so you don't qualify But i was given right of appeal.
i lodged an appeal and now got hearing is in Nov 2017.

OTHER THINGS TO CONSIDER
My wife also got ILR after completing 6 years of discretionary leave in Oct 2016.
I completed my ACCA as well by self study.

My question is what shall i do now from 3 options,
1)attend my hearing in November 2017 (i have already completed 10 years in Feb 2017) But not sure if continuously broken or not when human right application & appeal was rejected in August 2016. Just to let you know I never went for AR or JR.
2)Go on spouse visa.(not best option as have to stay another 5 years on that, also can i apply from here or need to do entry Clarence)
3)if Court outcome is not in my favor can i go to window for ILR again on basis of 10 years within time deadlines. (i mean not coming over-stayer)

I am also sure I never put any out of time application, never became over-stayer never went to boggas colleges etc in-fact completed my studies here. also all my in-law family is here and very supportive.
(i don't know if it make any difference for judge on hearing)

thank you

[Mrchaany]

You can do other alternatives but long residency ILR is impossible for you and appeal will dismiss, better to apply for spouse visa.

[abbashassan]

you mean continuous period is broken?

[eoo10]

You can do other alternatives but long residency ILR is impossible for you and appeal will dismiss, better to apply for spouse visa.

I'm sorry but I don't agree with you thought on the writeup. With what I read I believe that the OP still have his continuous residence covered by 3c as an appeal was lodged in time. My own thought on your questions; I think you should wait for your appeal in November since you have now qualified and probably it will be a good idea to send the tribunal a statement of additional ground. I think you may be able to save some money as well.

[Mrchaany]

After refusal op applied for long residency two months before his eligible period,
Appeal was given under human right basis, OP and we still
Expecting from miracle from tribunal.

[abbashassan]

Hi,
Is there anyone experiened same type of situation.
Or is there any expert in this.
If my continuous period not broken and I m still under section 3c while waiting for hearing, can I book date on window right after hearing and in case of refusal from court I go to windows on basis of 10 years within 28 days of refusal.