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I received UK entry clearance under HSMP on 1 March 2008 and entered the UK on 7 April 2008 (38 days later).
I switched from HSMP to Tier 2 on 5 Feb 2010. My Tier 2 visa expires on 2 March 2013.

Two questions:

1) Can I combine two years under HSMP with 3 years under Tier 2 to
fulfill 5 years in the UK to apply for ilr?

2) Will the 38 days be deferred if I apply for ilr on 1 March 2013 or do I
have to wait until 7 April 2013 before applying for ilr to fulfill 5
years continous stay to the letter?

Thank you in advance for your time.

1. Yes
2. You can apply no earlier than 28 days before 7 April.

Looks like you have a gap! The 3 month late entry concession is not applicable in your case.

Under current directions, you should apply for an extension before your leave expires. However, if they haven't decided by the time you are eligible for ILR, then you may vary your application to ILR.

Thank you both for your answers - very helpful.

In theory can I then extend my Tier 2 visa by applying a few days before my current visa expires and then vary my application to ilr as soon as I have less than 28 days left to 7 April 2013?

If so, do I need to indicate in my tier 2 extension application that my intention is to vary my application to ilr within a couple of weeks?

Thank you again!