Thanks for your question.
From the information you have provided above, I am of the opinion that you will not be eligible to apply for ILR until 2012 when your current visa expires.
As you have remained out of the UK for some considerable time, you cannot rely on the time you previously spent in the UK to count towards your eligibility for ILR as you have not completed a period of 'continuous' residence prior to submitting your application.
If you wish to discuss, please feel free to ask further questions.
The first spouse visa had expired whilst you were outside of the UK and subsequently the UKBA were informed that the marriage had broken down. From what I understand, the visa was granted on appeal.
It seems that due to your previous problem, you will not be able to rely on your previous visa for ILR purposes and as such, you will have to wait until your existing visa has completed, i.e. you have been in the UK for 2 years since it was granted and then make an application for ILR.
With regard to suing the lawyer, you may file a complaint with the lawyer first and then the legal ombudsman if the lawyer does not provide a satisfactory respponse.
With regard to the embassy, I would be surprised if your claim would have any merit and thus this may not be an option for you.
To be completely honest, it is very difficult for me to give you a definitive answer without seeing any documents.
From what you have stated above, if the marriage did not break down and the visa was granted on appeal, common sense would dictate that you would be able to apply for ILR, however, I cannot be completely sure whether you can or cannot without seeing all of the documents. Thus, if you have a visa until 2013, you will be eligible to apply for ILR at that time.
If you wish to apply earlier, I would suggest you take all your documents to a local solicitor and ask them to review the information and advise you further.
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