Tier 2 ICT --> ILR

My Tier 2 ICT Visa was granted on 2nd April 2009 and the same was extended 3 time in the UK. The current extension expires 5th May 2014, also have got a CoS number ready for further extension till 30th Sep 2014.

I know that I had a valid visa for a continuous 5 year period i.e., April 2009 – 2014(CoS available for further extension), my first landing date on the parent Visa was 9th August 2009 (128 days after Visa grant).

If we calculate visa eligibility from the Landing date I.e., 9th Aug 2009, I can apply for ILR on 8th July 2014(4 yrs 11 months). Now I’m 65 days falling short for ILR eligibility i.e.,5th May 2014 – 8th July 2014 on the current visa.

One of the UKBA ILR eligibility - Calculation continuous period in UK rule states “The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. The period of delay will not be counted as an absence if it does not exceed 90 days”

Can the above rule be applied in my case where I was holding a visa for more than 5 years but falling short of 65 days which is less than 90 days.

1) Should I use last issued CoS and get my Tier 2 ICT extended till September and then go for ILR ?
2) Can I directly go for ILR with the new CoS ?

You know the answer very well. You cannot go for ILR as you entered UK after 90 days. Go for another extension.

SmartKhan and you both are correct...
If you go directly for ILR without any further extension, HO will reject your application

Thanks guys ... will then go for the ext ...