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Hi Jeff,Jeff Albright wrote:Your stay is legal as long as an appeal is pending.
If it is unsuccessful you will either choose to leave the UK within "n" number of days or appeal again. If you appeal again your stay is again legal whilst it is being considered. If your final appeal is successful all the time you were waiting will be taken for a legal residence. If it is unsuccessful it will still be treated as legal residence but you will have to leave the UK and your 10 year clock will be reset.
If you are within your current Leave to Remain whilst appealing you will continue to amass your days for the 10 year time qualifying period. If your current leave expires and you are still appealing, you will still be legal=lawful but if your final appeal fails, any time spent outside your current leave to remain will not qualify for the 10 year requirement. If, however, your final appeal is successful all this time will automatically be included into these 10 years.
Say you have spent 6 years in the UK, your FLR was refused on the 6th year and you appeal. Your appeal takes 2 years to decide and it is successful in the end. Then 6 + 2 = 8 qualifies for the 10 year rule. In 2 years time you simply send the SET(O) and get your ILR.
Say you have spent the same 6 years in the UK and your FLR was refused. You appeal and get dismissed. You appeal again and get dismissed again. You lodge a human rights claim as your final appeal and that is rejected too. You are required to leave the UK. By that point you have spent in the UK 11 years. Whilst you have always been lawful, in fact, in terms of the 10 year requirement, you have only amassed 6 years but not 11 so you cannot apply for the ILR. You leave the UK, successfully apply for the EC, come back and start all over again.
I hope it is clear now. Best of luck!
Jeff,Jeff Albright wrote:Just to let you know that i have got your email and seen your post. I will reply when I get more time. It has been pretty hectic over here...