Without rechecking the rules, the main principles are
Since their leave must be still active when they left, then they would fall short of completing 10 years of valid leave and would fall short of qualify under the 10 year rule.
With the 14 year rule which allows legal and non legal stays to be counted thats a different ball of wax
However intention is also looked at and if at that 9 year 7 month mark you left because you knew your leave ended and failed to extend it, then you lose.
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