WP + HSMP +TIER1 for ILR

[shinetk9]

Hi experts

i am planning to apply for my ILR by POE in the first week of December, i came to UK in July 2006 on work permit and went back in Aug. 2007 then came back to UK again on same work permit on December 30th 2007 (gap of more than 3 months) and got HSMP on Jan 14th 2008 and renewed HSMP in 2010 . I continued here from 30th December 2007 with less than 120 day out of uk in last 5 years and not more than 40 days continues out of UK, my question is can i apply for ILR on 4th of December 2012 which is 26 days before i complete my 5 years period (including the last work permit arrival) or do they count only my HSMP period which is starting from Jan 14 th 2008

i need to travel to India on 9th december so need to applying before that please advice

thanks