Thank you for reply
No solicitor doesnt have evidence as he destroyed saying it was 6 year old case.My student visa expired on 31 march 2008. i got married on 30 march 2008. submitted all my doc to solicitor on 1 april 2008 for resident card , but home office recd the doc on 28 june 2008 sya that as per the solicitor letter dated 9th may. I dont know what the solicitor had done. my resident card visa expire on 4th april 2014. so my new solicitor applied on EEA base but it got refused say that my wife didnt submitted evidence as she was working. so I appeal . my appeal is on EEA . I completed my 10 years on 30 oct 2014. My new solicitor who is dealing with my appeal case said I can apply for 10 yrs and withdraw appeal. but this 88 days gap came inbetween which i didnt knew.