ilr 10 year - Invalid application

[yasin333]

I got refused for my ilr. Please find the reason below. Extract taken from refusal letter:

You made an in time application for further leave on 31 January 2007 and your leave continued under Section 3C until 16 February 2007 when your application was rejected because you had not submitted the prescribed fee and had not completed the payment details of your application form. It is noted that the Home Office letter informing you that your application was invalid, dated 16 February 2007, stated that if you wished your application to be considered you must return your application form with the correct fee payment within 28 days. You re-submitted an application on 19 March 2007, 31 days after your application was rejected, however, this was also rejected as invalid because the payment details you submitted were rejected by the issuing bank. You were advised of this in writing on 23 March 2007 and were also notified that you would be required to submit a new application for leave to remain.

On 02 April 2007 you made an out of time application for leave to remain as a student and this was rejected on 22 April 2007 because you had not submitted the appropriate application form and you had only submitted a partial fee payment.

On 08 May 2007 you made a further out of time application for further leave to remain as a student. Your representative’s covering letter, dated 02 September 2013, claims that this application was accepted as in time application referring to an erroneous note made on our internal system, that you obtained following a Subject access request in May 2013. It is noted that after submitting an application on 08 May 2007, that was 81 days out of time, you were subsequently granted a period of leave to remain as a student on 01 June 2007. This was because Immigration Rules for leave to remain in that capacity did not require that applicants have extant leave at the time of application. Further in your case, as you were granted further leave to remain in the capacity of student, it should be noted that this is a category that does not of itself lead to settlement. It should not therefore, be inferred that as leave was subsequently granted in your case that this raises an expectation that any future application on the basis of long residence would see the requirement to have spent a period of 10 years lawful continuous residence in the Uk waived.

With this in mind, you were without valid leave from 17 February until 31 May 2007, a period of approximately 104 days. As such your period of continuous lawful residence is considered to have been broken at this point.

Therefore you cannot demonstrate 10 years continuous lawful residence in the Uk and cannot meet the requirements of the Immigration Rules with reference to Paragraph 276 B(i)(a)

I talked to an oisc immigration adviser yesterday and found out:

I got a very strong argument that it was 28 days and not 31 days

Basically from the long residence guidance, the The 28 day period of overstaying is calculated from the latest of:

the point that a migrant is deemed to have received a written notice of invalidity, in line
with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time
application for further leave to remain.

Deemed to have received according to Immigration rule is the day after except if it was a business day

On my Sar, it is written that outcome was finalised on 16 feb 2007 and was dispatched to me on 16 feb 2007

Based on Immigration rules above:

I would have received notice of invalidity on 19 feb as 17 feb was a saturday and 19 feb to 19 Mar is 28 days as feb 2007 was only 28 days

so that the app was returned within 28 days and not 31

Now that this has been covered, my main issue is the subsequent apps that were rejected. All of them were returned in time but I dont know if that will have any effect on my case.

Can somebody please help me on this?

Based on the argument above, can i apply for a reconsideration side by side with my appeal?