Am I eligble for ILR..??? Twisted ILR case...!!

Guys,

My Sitn....

- 2 WPs..
- First one for Jan 2004-Dec 2004 (1 Yr) ..
- Second one Jan 2005 to Jan 2010 (5 Yr)..
- Jan 2009 I finished 5 Years in UK with just 40 days break..
- Still working in the same company..

I know up to this will make my case a straight forward ILR..
BUT..But twist is ..

My wife got HSMP in 2008 & on a stupid moment I decided to travel to home country during my annual holidays to get EC as HSMP dependent in my New passport as WP stamp was in my old passport . Also I thought my company will ask me to take an offshore task which I want to avoid. I thought I could resign & take a job outside my company if they ask me to take offshore task & if I have HSMP dep visa , thats why I took HSMP dependent EC..

On my return I mentioned to emigration guysat LHR that I still working in my WP company. But my WP stamp was in my old expired passport & EC for HSMP was in my new passport. So imigration officer refused to stamp on my old cancelled passport, instead stamped on my new passport HSMP EC page at Heathrow.

I know I made a stupid decision to get HSMP dependent EC just 6 months b4 ILR. But at that point I was worried abt offshore work..

Knowing all these whats my chance to get ILR based on WP now..???? Will my HSMP Dep Visa reset my ILR period though I am working with the same company after the trip & my WP Visa is valid for another 1 year ie till 2010..

This becomes crucial for me due to planned changes in HSMP with which my wife may not be eligible for an extension next year as she donot have Masters & also if they decide dependents can not work..I will in big big trouble..

What should I do now..?? will Croydon PO visist with above explanantion help me..?? Or immigration lawyer could help me... Please advise..

Also..I heard abt 4 year rule as I landed uk in Jan 2004 I finished 4 year continous stay in Jan 2008..can I get ILR based on 4 year rule..????. On different WPs & with breaks now I finished close to 8 years in UK..

(Apologies for long description ..but I though this will explain my sitn well)

One can not apply ILR based upon combination of WP and Dependent visa stay.
Your wife (and you as dependent) can apply ILR once she finishes 5 years on HSMP. (She may be eligible for extension as new rules may not apply for extension. Wait for next 2/3 weeks to get clear and confirm info)

If you live 10 years in UK than you can apply ILR.

Sorry there is no quick way for you to apply ILR.

ILR 4 to 5 year change:A court decision is expected on 13th March. There are very good chances that HSMP forum will win that case. But WP holders will not get benifit from that decision as its only for HSMP holders. If decision comes in HSMP holders favour I am sure that 1000s WP holders will also be very keen to go to court to win their cases.

Thanks Sky high..

But My WP is still valid also I am working for the same company now..
So question resetting may not be applicable...??

As far as I know, each new EC (visa) superceeds the previous one. My work permit was valid till 2009 but I applied for HSMP and my HSMP EC was valid till 2006. The ECO has written with a black ball point on top 'this visa superceeds the previous entry clearance on passport no .... page ....'

AFAIK Once you have a new visa on your passport, it superceeds the previous one. I don't think there is any way out of this now.

May be senior members can add more?

Jazbaati is right
Any new visa stamp superceeds the previous one. Your workpermit is no longer valid. Your depended visa has superseeded your workpermit. Good point is now you can work for any company.