ILR Application 5-Year route (Tier 2)

I will qualify to apply for ILR under the 5-year route next year August (Tier 2 General). Or well, it is my interpretation that I do qualify for it, but I would appreciate your views.

I applied for my Tier 2 General application in August 2010, but was refused on the grounds that my pay wasn't above or at the rate that was specified in the Code of Practice. Keep in mind that the Code of Practice salary requirement was introduced right around that time, so it was very much in it's infancy. My employers had selected what it thought was the appropriate code, but wasn't aware of the salary requirement attributed to it.

After about 9 months of fighting the decision in the various court of appeals, I decided to put in a new application. I should stress, that I was never at anytime illegally staying in the UK and was covered under Section 3C and 3D throughout the process of fighting the refusal in court. Eventually, I was issued the visa in June of 2011.

Now in July 2012, the landmark R Alvi court case changes the perspective of things in my opinion, and here is why. As the case in question technically invalidates all of the point-based visa decisions that were made since the introduction of the code of practice/salary requirement, it brings me to the conclusion that I was wrongfully denied my initial Tier 2 application made in August 2010. I say 'wrongfully' because it is clear that if the code of practice hadn't been applied, I would have been issued the visa in August 2010 - this much is clear. Here is a link to the case for your reference [link]http://ukscblog.com/new-judgment-r-alvi ... 2-uksc-33/[/link].

So, by virtue of the above, would I be right in applying for my ILR in August 2015?

Thanks in advance for your views.

I would really appreciate your advice guys.

Thanks

Is anybody able to help answer my questions?

Many thanks
Michael