When to apply for ILR?

[coolguycp1]

My friend is on a 5 year work permit as per the details below:-

Entry Clearance Visa Date - 22 Sep 06

Date of Entry in UK - 28 Oct 06 (36 days after Issue of Visa)

As the gap between his visa issue and date of entry in UK is more than 28 days, he was thinking of applying for Tier 2 extension and then apply for his ILR later.
However, with the recent guidance published by UKBA (on calculating continuous period in UK), it is his understanding that he can apply for his ILR straightaway since the gap (as mentioned previously) is less than 3 months (Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months)

With this in mind, he is thinking for applying his ILR anytime between 25th Aug 11 and 22nd August 11 (28 day period before his visa expires). If he does so, will he be eligible for getting ILR since he will still not have completed 5 years in UK until 22nd September 2011? On the other hand, applying after 22nd Sep 2011 for ILR is not a possibility since his original visa will have expired by that time.

I hope I have made things clear. Seniors, please advise.

[coolguycp1]

Hello Seniors,

Due to no replies yet, let me put a simplified summary of the question that I had asked :

Keeping in mind recently published UKBA modernised guidance regarding calculating of continuous period for ILR, when should an applicant apply for ILR if the gap between his visa issue date and his date of entry into UK is more than 28 days but less than 3 months? Is it necessary to apply for an extension before applying for ILR in this case?

Can seniors plz look at my query now? Additionally, I will ask the moderators if they can provide me with the guidance.

[ayesha11]

My advice is to consult with solicitors