Applying for ILR while Tier 1 application is pending

[timesofindia]

Hi

I have read through some threads and have read that you can make 2 ACTIVE applications at any point of time.
I came in the UK in May 2007 on HSMP, extended in Tier 1 in 2009 and due to complete 5 years in May 2012.

Due to break in my Visa duration I applied to extend my Tier 1 Visa in Feb 2012.

My Tier 1 application is going on and dont think it will be decided any soon.
I was wondering if while Tier 1 application is still pending, if I can make a PEO application for ILR in May 2012 (assuming my Tier 1 extension is not decided).

Which means as at the date of ILR application my Tier 1 application is still pending..

Please suggest

Any experiences & success with such a scenerios/cases?

[timesofindia]

Found below thread which points to similar case

http://www.immigrationboards.com/viewto ... 3892aaedee

[Lucapooka]

You mean shortfall rather than break? A break will have reset the residence period so you would not qualify. If you have now made five years you can vary your original application before it is considered.

[timesofindia]

Because I applied for my Tier 1 early in 2009, my visa was extended from april 2009 to april 2012 which is why basically I am falling short of 15 days to my 28 days from ILR eligibility date.

If my visa was extended from May 2009 to May 2012 I would be ok.

As I have applied to extend my Tier 1 and I am waiting for a decision on it, can I apply for ILR 28 days from ILR eligibility date even though I donot have my passports etc.

This also brings me to another question about what documents do I need to submit for my ILR? Also can I make ILR application in PEO?