ILR - Tier1 - 180 days outside uk - overseas employment

[Ktk123]

Dear Experts

I got Tier General on 30th June 2010.

Landed in UK on 20-Aug-10.

I had relocated my family to uK however continued working with same employer that I have been working in overseas with a multinational company ( since 2007) and finally got transferred to their UK office in May 2011.

Following are absences details:

Out UK IN UK Days out Reason
3-Sep-10 26-Nov-10 83 Business -- paid in overseas currency
10-Dec-10 3-Mar-11 82 Business -- paid in overseas currency
17-Mar-11 28-Apr-11 41 Business -- paid in overseas currency
4-May-11 25-May-11 20 Business --- Transferred to UK office -- salary in GBP
5-Nov-11 13-Dec-11 37 Business
14-Apr-12 25-May-12 40 Business
10-Nov-12 20-Nov-12 9 Business
23-Dec-12 13-Jan-13 20 Personal
9-Oct-13 12-Oct-13 2 Business
15-Dec-13 1-Jan-14 16 Personal
3-May-14 11-May-14 7 Business
9-Aug-14 22-Aug-14 12 Business
12-Oct-14 8-Nov-14 26 Personal
9-Nov-14 17-Nov-14 7 Business
14-Feb-15 20-Feb-15 5 Business


Since I was more than 180 days outside UK during first year, therefore I got second extension and my current leave is valid till 2017.

Every letter (for business absences etc) from my company HR, it is clearly mentioned that I joined their overseas office in 2007 and started to work in UK from May 2011.

Now I am about to apply for ILR, however my main concern is that in immigration rules regarding 5 years continuous period its mentioned that "If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken."

I have discussed my case with couple of immigration consultants but so far no clear way forward. Some suggest that I should wait till I complete 5 years since I was transferred to the UK office and got pay in GBP, in that case the earliest I will be able to apply for ILR will be 1st April 2016( considering one can apply 28days before) . Others consultants advise, that I can split my first year long absences into two years and am eligible to apply for ILR on 30th October 2015.

Please guide me with following:

1. When should I apply for ILR.
2. In case I apply for ILR by 30th October, and it gets refused due to overseas employment absences then what will be its impact (apart from loosing application fee) on my current visa status, will it be still valid till 2017. Will it have any complication in my apply for ILR by 1st April 2016.

Do you know any similar case, what was their outcome?

Regards
Ktk