When to apply for ILR - what I have been told by HO

[Eugene_UK]

I am on WP - I have called HO recently and have been told that from now on one can apply for ILR not by the date their passport was stamped or Limited leave to remain extended but by the date their Work Permit was issued.
In my case it makes me apply for ILR by three months earlier.
Has anybody come across this "new" rule? As far as I remember it has always been that people applied by the date in their passport’s stamp. Lady on the phone mentioned that it will be considered by caseworker. What does it mean then? Caseworker can apply rules in the way he or she wants?
Please correct me if I am wrong.

[tvt]

The relevant date for counting the ILR qualifying period is the date you get your WP Leave To Remain for in-country applicants or Leave To Enter (date of entry to the UK with WP entry clearance) for out of country applicants not the date of WP. This is not the first time call centre operatives manage to mislead applicants.

[jbinuk]

Well, how many times have I called HO and told me different answers on one question. And then just before you hang-up the phone, they will always tell you that it's really up to the case worker how he/she is going to assess your case during the time of application.

[Eugene_UK]

tvt, many thanks
i have also sposken to my lawyer and he mentioned that depending how you submit your application (by post or in person) they may consider how to count the time for ILR - he was saying that if you post it then you can try to get ILR based on WP date, hovewer there is no system, no guarantee and i understand you are not given refund