ILR or Extension - advice needed

[farah]

A family friend came to UK in July 2006 under HSMP on entry clearance of one year given on 25/5/2006 valid and up to 25/5/2007. In March 2007 he left UK without applying for extension as he did not full fill new criteria of earnings introduced in Nov.2006.
After issuance of HSMP JR Policy Document he applied for entry clearance and re-reinstatement under HSMP.On 2/6/2009 he was given entry clearance upto 25/5/2011 ( enough leave to complete qualifying period of 5 Yrs). In the light of paragraph 50 of the policy document in this case period from 26/5/2007 to 1/6/2009 would be treated in UK towards ILR.
He came to Uk in May2010. Did not find any job and went back after 4 weeks. Than on having a firm job offer came again to UK on 15 March 2011
and than took a leave of 3 days to bring family. When he re-entered UK with family on 18/4/2011 they were detained for an hour. Immigration Officer was of the opinion that they are just coming to apply for extension for which they would not be entitled as have not been economically active.After wards they were allowed entry with the remark by officer that you are lucky.

Now why not to try luck further and apply for ILR at PEO Solihull ( as they do not charge fee in advance ) and just in case it is refused due to absences than apply for extension on FLR(HSMP) before 25/5/2011

Any advice/comment

[vinny]

Don't think that he's eligible for ILR because continuous period has been broken.

[jami]

Opinion of the vinny matters. From farah' s post it appears that would be applicant was in UK from Juy 2006 to March 2007. Thereafter he was in UK in 2010 for one month and in 2011 for little over two months.
If concession given in para 50 of policy document of 2008 is accounted for and period from 26/5/2007 to 1/6/2009 is presumed in UK even than there are two continuous absences of over 3 months rather all most a year.

It is hard to imagine that absences to such an extent would be disregarded under compelling compassionate circumstances. But he appears to lucky and can try his luck again at PEO Solihull