Is there is Gap in my continuous residence ? Help please

[qkiyani]

Below is the complete history of my stay in uk

First entered Uk on 20 september 2008
got student visa extension twice ( dont know exact dates) and then PSW visa till 3rd march 2013 ( no gaps or refusal till PSW expiry.

On 28 Feb 2013 applied for Tier E 50k route and refused on 3rd may 2013.

Appealed the decision and appeal allowed for reconsideration on 14th November 2013. Reconsideration result came in May 2014 and refused again with different reason with right of appeal.
Appealed the decision again in May 2014 and mean while prepare fresh application.

On 17th June 2014 i withdraw my appeal and apply for fresh application same day which was approved on 2nd march 2015 till 2nd march 2018.

Currently i am waiting for decision of my Tier E extension which i applied on 28 feb 2018.

My question is is there is gap between 17th june 2014 till 2nd march 2015 ???? i am sure as i have valid leave till 17th june 2014 which was extended under section 3c but i am not sure about the time when i withdraw my appeal on 17th june 2017 till the time when my fresh application was successful on 2nd march 2015.

Please help me as i am completing my ten years in September and i can apply for ILR in august 2018 if i am eligible.

Also one more question, if i am eligible for 10 year ILR can i apply the same day visa service while my Tier 1 extension application is with HO.

Thanks in advance

[zimba]

Such a gap will be ignored as your Tier 1E application was subsequently successful, under paragraph 39E of immigration rules

[qkiyani]

Thanks Zimba for always being helpful,

I am still confused as Paragrap 39e implemented on or after 24 November 2016.
Under what rule my overstaying is disregarded as i withdraw my appeal on 17th june 2014 and apply same day, visa granted on 2nd march 2015 which is before the implementation of paragraph 39e.

[qkiyani]

Such a gap will be ignored as your Tier 1E application was subsequently successful, under paragraph 39E of immigration rules

Thanks Zimba for always being helpful,

I am still confused as Paragrap 39e implemented on or after 24 November 2016.
Under what rule my overstaying is disregarded as i withdraw my appeal on 17th june 2014 and apply same day, visa granted on 2nd march 2015 which is before the implementation of paragraph 39e.

[zimba]

Based on the fact that you applied within 14 days of your section 3C coming to an end. 39E(2) says:

(2) the application was made:

(a) following the refusal of a previous application for leave which was made in-time; and

(b) within 14 days of:

(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

[fami]

Based on the fact that you applied within 14 days of your section 3C coming to an end. 39E(2) says:

(2) the application was made:

(a) following the refusal of a previous application for leave which was made in-time; and

(b) within 14 days of:

(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

Hi Zimba,

I am almost in the same boat. PLease please check my thread and reply. I shall be very thankful to you.

Regards