ILR July

[sama_1119]

hi every one i would really appreciate your help

HSMP Entry clearance 22 July 2008
Entered UK 15 October 2008 (with in three months time)
Tier 1 Issued 9 July 2010

I believe i am with in 3 months time span , Will it be safe if i still apply on window 28 days before my leave expire because it will cause more than 3 months Gaps in 5 years complete period.

Secondly i switches to Tier 1 on 9th July , with annual salary calculation be based upon my previous evaluation table 1 or this new table on form. because i received my Tier 1 after 6 April but the rules i was evaluated against were older pre 6 April 2010 (clear as mud)

ILR form says

Table 2 - Applications for leave to remain and indefinite leave to remain where the applicant has, or has had, leave as a Highly Skilled Migrant, as a Writer, Composer or Artist, Self-employed Lawyer, or as a Tier 1 (General) Migrant under the rules in place before 6 April 2010, and has not been granted leave in any categories other than these since 6 April 2010

however a rule
245CD. Requirements for indefinite leave to remain says this

(d) if the applicant has or has had leave as a Highly skilled Migrant, a Writer, Composer or artist, a self-employed lawyer or as a Tier 1 (General) Migrant under the Rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the Rules in place since 19 July 2010, the applicant must have 75 points under paragraphs 7 to 34 of Appendix A.


Now this 19 July and 6 April both very confusing.... or is it me ???
Its quiet confusing i would really appreciate if some one can help .

[[iD]]

Forget the extension date.
It's your initial HSMP approval date you should focus on, unless you applied for any other visa in the middle (any visa other than Highly Skilled Migrant, as a Writer, Composer or Artist, Self-employed Lawyer, or as a Tier 1 (General) Migrant)

Hope this helps

[sama_1119]

Thanks ID for your help .