Eligibility for ILR - over 180 days including beginning

[abcxyz]

Hello,

I hope someone can help me. I'm trying to apply for ILR through my work permit, but I was out of the country for around 280 days in the last 5 years. Much of it were work related and short periods, so from reading the forums, it looks like I could get my employer to write me a letter of support for this.

However, some of it included a period before my official work started where I didn't receive a paycheck. The work permit t was issued abroad on June 20th, 2007 but my work didn't start until Sept 1st (i.e., I didn't receive a paycheck during the summer).

I initially entered UK on July 8th, 2007 to look for housing and left again on July 24th, not returning until end of August.

When I called the immigration help line, they weren't helpful and kept telling me to refer to the website and told me it sounded like my case wouldn't qualify. According to the document of calculating number of days, they state that up to 3 months can be counted. But according to SETO guidelines, it said only a few weeks can be counted.

And because I came in between the time my visa started and my actual work to look for housing (i.e., not work related), I'm not sure if that'll count.

In addition, I'm over by around 100 days past theallowed 180 days, although most of it is work related.

So has anyone been in a similar position? Given these 2 issues that could count against me, I'm not sure if it's better to apply for a whole new Tier 2 category or try my luck with the ILR.

Also, do I put down as first day of entrance as 20th June when my visa was issued or 8th July when I first entered (though not for pay)?

If it's the latter, do I have to wait until 28 days before 8th July (instead of 20th June) to apply?

I'd really welcome your advice!

[selva]

your case looks bit complicated mate.

1) when did you get the work permit approved letter
2) when did you get the visa stamped on your passport ( June 20th, 2007?)
3) why did not you start immediately?(once you arrived in the UK) or you work with no salary? why
4) what is the start date of your employment

[abcxyz]

My contract didn't start until Sept 1st. I received the visa on my passport on June 20th. I first entered the country on July 8th to look for housing (hence, I wasn't paid). And then I left July 24th and didn't return until my job officially started.

I know other people also have this situation where the visa was issued a lot earlier than the actual work contract start date (and the immigration agent can ignore up to 3 months during this period), but I haven't seen a post where people enter the country on non-work related matters shortly after the visa is issued and then leave again for a while (but less than 90 days).

So I'm not sure what the start date for ILR eligibility begins (June 20th or July 8th, or even August 30th when I entered the country to begin work).

Also, does it matter that most of my days away occurred in the first year?

Hope someone can help!