Immigrationboards.com

I've read through the immigration changes planned to be effective from 13-Dec. Apparently, I am qualified for ILR as I've completed 5 year in UK, and absence from UK in any of 12 months in last 5 year was not more than 180 days.

However, I am bit confused about the following rule:-
the applicant has existing limited leave to enter or remain upon their departure and return, except that where that leave expired no more than 28 days prior to a further application for entry clearance, that period and any period pending the determination of that application shall be disregarded;

I switched from WP to T2 ICT while I was in India and the gap between expiry of WP visa and application of T2 was almost 2 months i.e. more than 28 days, does that mean my application would be disregarded as per the rule mentioned above? OR only that period would be disregarded and I 'll be eligible to apply for ILR after 5 years + 2 months ( gap between wp expiry and new application of T2 ICT)?

please advise.

Thanks,

If the gap between WP expiry date and date of entry clearance application as Tier 2 (ICT) migrant is more than 28 days, then your settlement application will be refused.

Hmm... Thanks for prompt response sushdmehta, though I am not entirely convined, let me try to persuade you...

If you carefully read the para with emphasis on underlined text, would you still have the same opinion?

the applicant has existing limited leave to enter or remain upon their departure and return, except that where that leave expired no more than 28 days prior to a further application for entry clearance, that period and any period pending the determination of that application shall be disregarded;

Don't you think, para above specifies that gap period will be disregarded?And if you apply for ILR after (5 yrs + Gap period) you should be fine?

Thanks,

As sushdmehta says, the gap will be disregarded only if the duration between WP expiry and T2 ICT application is less than 28 days.

my interpretation is if the application of entry clearance was made with the 28 days of WP expiry