ILR eligibility under new rules for ICT

[kgpsingh]

I have been looking around the site for last few days but couldnt get to the bottom of these questions; wonder if any expert can help me:

MY wife got her work permit UK on 20/04/2008 and arrived in UK on 21/05/2008 and since then she has been getting extensions. Her current visa is T2 ICT and it is valid till 10/04/2013.

- Is she eligible to apply for ILR under new rules?
- Does she need to get another year's extension to be eligible because on 10/04/13 her visa expires and is 40 days short of 5 complete years (from the date of arrival in UK)
- can the stamped date be considered while counting the 5 year period (the visa was stamped on 20/04 and expires on 10/04 which is still 10 days short anyway)

Any help greatly appreciated.

[geriatrix]

245GF(c) and 245GF(d)
5.2

[kgpsingh]

thanks for a prompt reply. After going through the documents, i am still not sure about it. Somewhere it says "Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years"

Is this discretionary or a general rule of thumb? Also, if this is accepted, it will leave us 10 days short of 5 yrs. Can we submit the ILR application after 10 days of expiry of current visa?

If not possible, what else can we do other than leaving UK? Any help is much appreciated.

Thanks

[kgpsingh]

Can some expert help please?