ILR qualifying period commencement

[SUKO]

Hi there,

Some details on my visa categories;

Work Permit - Entry clearance valid from 02-July-2008 until 02-July 2010. Arrived in the UK on 02-August-2008 and departed on 27th June 2010.

Tier 2 (ICT - Established Staff) - Entry clearance obtained on 15th December 2010 valid until 25th July 2012. Arrived in the UK on 02nd January 2011.

Tier 1 General - Applied for Tier 1 General before 6th April 2011 and obtained Tier 1 visa effective 20th June 2011 for 2 years valid until 20th June 2013.

Tier 1 General(Extension) - Applied for Tier 1 General Extension on 20th June 2013 and obtained extension valid for 3 years until 20th June 2016.

I have earlier applied for my ILR in July 2014 and got refused for the reason of non conformance of 5 years of continuous stay in the UK (I have applied on the basis that my Work Permit duration will be taken into consideration). My refusal letter from Home Office indicated that my ILR qualifying period commences from 15th December 2010.

However, checking on the rules, I understood that the Tier 2 - ICT(established staff) entry clearance obtained on 15th December cannot be counted for ILR qualification as UKBA imposed restrictions on Tier 2 - ICT visa eligibility when obtained post April 2010.

Should my qualifying period for ILR commence from 15th December 2010 or 20th June 2011?

Should I apply for my ILR on 28 days before 15th December 2015 or 28 days before 20th June 2016?

Could some one please advise me?

Thanks

[SUKO]

Hi,

could some one please provide your response to my query?

Thanks

[genorp]

Your Tier 2 ICT was well after the April 2010 change so time on it does not count toward settlement. Your clock started 20 June 2011.
It's only an additional 6 months so definitely not worth the risk.

[SUKO]

Thanks Genorp,

The refusal letter however carries the following statements,
"Therefore your qualifying period for indefinite leave remain commences from 15 December 2010".

If we decide to apply ILR in December 2015 and refer their earlier refusal letter correspondence along with my application, do HomeOffice obliged to accept my application based on their written confirmation about ILR commencement.

The reason why I'm trying to get it asap is to avoid one more visa fees increase in April 2016. Every year, Home Office seem to increase the fees and charges....

Your advice will be appreciated.