Tier 2 ICT & ILR after Apr 2010-urgent guidance required

Long story short-but please treat this as urgent urgent help request
1 Came to UK on 3 yrs Work Permit through an Indian company -
Dates : Jun 2006-ending Jun 2009
2 Same Company renewed Work Permit as Tier 2 ICT for 6 months:
Jun 2009 -Dec 2009
3 Same Company applied for 1 yr cos on Tier 2 ICT ,but home office gave a decision of giving visa for two years until Dec 2011 in their explicit letter confirming this will take me over 5 yrs.
- so cos status Dec 2009 -Dec 2010
- Visa status Dec 2009-Dec 2011

4. April 2010 - General Rule comes Tier 2 ICT out of ILR route
5 Same company tells the home office letter decision has come by mistake (admin error) after checking with Biometric Residence Permits COU,so takes action for extending the cos,but tells me that I have to apply for a new visa (tier 2 ICT visa).

Because 5 is happening after April 2010 will the general rule be applied on me when I complete 5 yrs (just 5 months to go) preventing me getting the ILR?

if the home office decision in 3 was to help me, will this problem be resolved by just an extension of cos? Is this the best way out?

How big a player is this Biometric Residence Permits COU to advise on home office decisions?

I need to take a call on this by sunday 05/12/2010. Please advise.

Thanks

GodnLuck wrote:3 Same Company applied for 1 yr cos on Tier 2 ICT ,but home office gave a decision of giving visa for two years until Dec 2011 in their explicit letter confirming this will take me over 5 yrs.
- so cos status Dec 2009 -Dec 2010
- Visa status Dec 2009-Dec 2011

Since you were issued a Tier 2 (ICT) leave before 06-Apr-10, the requirement 245ZH(b)(x)(i) seems to have been met. My guess is that you have been in the UK as an intra-company transferee since June 2006. If this is indeed the case (your employer can confirm), then 25ZH(b)(x)(ii) is also met.

The duration of leave cannot be more than what is specified in the CoS, so definitely an error at UKBA's end.


regards

Thank you sir,

Yes,I have been in the UK as an intra-company transferee since June 2006. All confirmed.

So just for my benefit am reiterating the situation as a statement below

"Since the first tier2 ICT conversion was done before April 2010, this extension in Dec 2010 is just a wrapper on that hence 25ZH(b)(x)(ii) is met and this path currently does quality for ILR."

if correct please give me a yes.

Sush- if UK BA has given an explicit letter stating this situation and the passport echoes what it said,Is there a 10% chance that both these documents together can't be wrong.
Thanks again, I am better now.