5 Months to ILR while Appeal Pending

[mahfujul420]

I have been in the UK from March 2004 to June 2011 as a tier 4 student and from June 2011 to June 2013 on PSW. After expiring my PSW in June 2013, I applied for further leave to remain as a Tier-4 student, although my application has been refused. The Home Office refused me on the ground that I have already spent more than 6 years on or above level-6 in the UK. So, I have appealed against that decision intending to continue my legal residency 4 more months, so that I can apply for ILR. Now I am confused whether I would actually be able to vary my appeal to ILR or not (if the appeal become pending). I am not sure what should I do. I expect advice from senior members/guru or someone who has already gone through similar situation.
Regards

[Amber]

See the Guidance (click) as page 25:

A person may complete 10 years continuous lawful residence whilst they are awaiting the
outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it
is not possible to submit a new application while an appeal is outstanding. However, the
applicant can submit further grounds to be considered at appeal.

[red scorpion]

See the Guidance (click) as page 25:

A person may complete 10 years continuous lawful residence whilst they are awaiting the
outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it
is not possible to submit a new application while an appeal is outstanding. However, the
applicant can submit further grounds to be considered at appeal.

what if the appeal is not allowed by judge but 10 years period is completed at the time of court decision.can he apply for ILR?