ILR under new or old rules...

[Mumbaikar9]

Hi,

I have been in the UK for the last 4 years. I came here in 2008 on a Tier 2 ICT VISA, sponsored by an Indian IT company. My wife came here in Nov 2009, on the same ICT TIER 2 VISA, and we have been living here since then, without any gaps. In May 2011, I had to go back to India, as my project ended. I had to resign from my company, as I wanted to come back in London. I got a dependent VISA, and came here in July 2011. We both are working in full time employment. Now, because of the reduced work load, it seems my wife may have to go back to India. If this happens my employer will be ready to do my work permit.

Now, my question is:
1. As my visa status is changing from dependant to work permit holder will I be able to count 35 months I have lived over here towards settlement? Presently, the minimum stay required is 5 years to apply for Indefinite Live to Remain (ILR). So, do we have to live here for another 5 years since I got my new VISA, or only 13 months to be eligible for being resident in UK?

Please advise.

[Mumbaikar9]

Hello People...

Please can anyone be of help here? I am desperately looking for some solution.