Possibility of applying for ILR before July 2011?

[AliceNZ]

Like so many other people I've read throught the advice on these boards and it has helped me no end with working out things like the number of days I've been out of the country for ILR purposes, thank you very much. I would very much appreciate any advice on two things about my own situation.

I entered the UK on a Working Holiday visa on 19 November 2002. I switched to a student visa on 17 September 2004. I then started working as a social worker and switched to a work permit on 2 October 2006. I understand I can apply for ILR on the basis of having held a working visa for five years in October 2011 or on the basis of ten-year long stay in November 2012. As I have already been out of the country for 160 days as of now I am considering the latter option.

First question. Given the rules are about to change, is there any way I could use the following to apply for ILR now? When I was a student between 2004 and 2006 I was employed to study by my current employer (job title Trainee Social Worker, salary £15000). I contacted the Home Office about this and they couldn't decide whether a work permit or a student visa would be most appropriate. They eventually decided on the student visa, which evidently delayed my ability to apply for ILR. Is there any way I could retrospectively try to get them to take this period into account (I know this is over-hopeful, but would appreciate any thoughts)?

Second question. I plan to continue working as a social worker and to settle permanently in the UK but I am seriously considering going to Germany for up to a year starting in July 2010 as my partner (also a New Zealander with no rights in the EU) currently lives there. I would take a career break from work so would still be employed although it would be unpaid leave. I would reenter the country on current work visa but would then have to apply for a Tier 2 visa in November 2011. If I do this (taking care to be in the country for under the 18 months in total over 10 year period and no more than 6 months this year and next), and then resettled in the UK next July/August, would that still be okay for 10 years long residency? I think it would be but want to make sure. If I applied for a German work permit while in Germany and this was in my passport, could that affect my application? And more generally, is this a stupid idea given that I would be making things more difficult for myself in having to apply for a new Tier 2 visa?

I really apologise for the length of this post, but I would really appreciate any suggestions anyone could give me. It's very awkward making these big decisions and with a bit of a blindfold on given the uncertainty about future immigration rules.

[geriatrix]

between 2004 and 2006 I was employed to study by my current employer

Strange - employed to study!!

Is there any way I could retrospectively try to get them to take this period into account

IMHO, no chance.

regards

[docpgkt]

My suggestion would be not to risk going till 2011. one of my firends doing medicine was in the country for 6 years, worked for 2.5 years in UK and then went to Australia for a years to work.She came back and she lost the continuity of the period that would have made her eligible for ILR in 10 years.
Now she is switched into Tier 1 and is behind 3.5 years because of her silly mistake.All HO wants is can you prove that 1 year outside UK was it part of UK training or not.If it was part of UK training then all we need to work 1 more year extra without losing the previous eligible stay.But if you are unable to prove the whole stay period is considered invalid and you should start afresh.

[shs213]

1 - You will have very little chance on this... case worker will look at the visa and not the background behind it... It's all good but no tangible evidance in the form of a work visa...

2. You will distant yourself from ILR if you go to Germany. You make your case more complicate by having more than 180 days out of the country... Unpaid leave means you will have a break in the payslips, NI, money in the bank...