ILR application - issues - please help - WP basis - 5yr stay

Hi everybody.

I have completed my 5 yrs on work permit and i am getting ready to apply for ILR, but I have got a few issues. Let me just explain my history.

1. Entered UK on Nov 2002 - Nov 2003 on a 1yr work permit to channel islands.

2. Work permit extended in channel islands from 3rd nov 2003 - 6th nov 2004.

3. Went to egypt on holidays from 18th March 2004 - 29th March 2004. Upon entry to Heathrow, went through immigration control. The officer there, instead of putting an arrival stamp, put a different stamp (by mistake or !!!!!!!!!!)which changed my status from a resident to just a visitor for six months. I, unaware of the blunder, carried on to the channel islands back to my job.

4. In October 2004 I found a job on the mainland and my new employer applied for a work permit which was approved by HO on 22nd october 2004.

5. I promptly applied for an FLR (IED) ASAP and got an acknowledgement on 29th October 2004 from the HO, that they have received my passport. (my LTR would expire on 6th NOV 2004).

5. On 29th Jan 2005, I got a refusal letter from HO stating that FLR had been refused because I had overstayed my visa by 2 months. (According to the WRONG stamp my visitor's status had expired in Sept 2004)

6. I was baffeled. I went straight to a very competent soliciter who after looking at my passport explained to me the F#$k up done at the immigration control and sent a letter to HO on 15th Feb 2005.

7. After a monumental struggle of 2 months, a counsel's opinion, threat of a Judicial review (and a lot of money), the HO REVERSED their decision on 20th April 2005.


I completed my 5yrs in the UK in Nov 2007 and now would like to apply for ILR but it entails a £950 spent and I don't want to do it unless I am 100% sure.

My concern is that the refusal came on 29th jan 2005 and Home office reversed their decision and gave me an extension on 29th April 2005. The period from Feb 2005 to April 2005 - what would that be counted as - legal or illegal stay?


Many thanks