TTC - I would like to understand this a little better. Do I have this correct: It seems that you flew 12h and did a flight with an instructor, before expiry but that the instructor himself was not able to sign for the revalidation directly onto your licence. Presumably this was because he was just a regular instructor not "an examiner holding a valid UK issued Part-FCL examiner certificate or a Flight Instructor with the privileges of FCL.945."
So you find yourself with the requirements met, but not able to find the correct level of instructor to sign the revalidation, and also you were not able to send off the notification form to the CAA either.
So, after expiry you could not fly, but had met the requirements prior to expiry, just lacking the final signature / actual revalidation.
It would seem sensible that when you did find a person qualified to sign it, that the rating was then re-validated with a renewal date in line with what would have happened if it had been signed before expiry date. It would seem that some national authorities have this pragmatism and some don't. Or in EASA - speak "the administrative procedure for revalidation of ratings is not detailed in Regulation (EU) No 1178/2011 and therefore up to the Member States."
BUT
EASA also does say " "Revalidation" (of, e.g. a rating or certificate) means the administrative action taken within the period of validity of a rating or certificate which allows the holder to continue to exercise the privileges of a rating or certificate for a further specified period consequent upon the fulfilment of specified requirements." (
https://www.easa.europa.eu/system/fi...u/Part-FCL.pdf page 21) which does suggest that you need to get it all done including signature before it expires.
BUT - the real answer isn't EASA, It is the UK ANO. and that states ( my red ink)
The Air Navigation Order 2016
Issue of certificate of revalidation
2. Except in the case of holders of a Private Pilot’s Licence (Balloons and Airships), a certificate of revalidation must be issued where any of the requirements for revalidation or renewal in the tables in paragraph 1 have been met.
Form of certificate of revalidation
3. A certificate of revalidation must be signed by a person authorised by the CAA to sign certificates of this kind and certify—
(a)the functions to which the certificate relates;
(b)the date on which it was signed;
(c)
that on the date on which the certificate was signed the relevant requirements for revalidation or renewal in the tables in paragraph 1 have been met;
(d)where the relevant requirements for revalidation or renewal in the tables in paragraph 1 involve—
(i)the gaining of experience, the type or types of aircraft in which the experience was gained;
(ii)the taking of a test or proficiency check, the type of aircraft or flight simulator in or by means of which the test was conducted.
So , on the date which you could actually get the certificate signed, you had to have met all of the requirements. And the person signing should put that days date and sign it, with expiry date 24 months from the previous expiry.
So I would say that you were technically correct. But no authorised instructor is going to sign it like that and risk a problem, as I am guessing you already found out. Which is why you are now arguing legal opinion with the CAA, Please do keep us posted as to how you get on...