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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).