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Please can someone help, this is different than those in the 28 day rule situation.

HSMP letter approving application dated 8 November 2006
UK Entry Clearance (sticker in passport) dated 26 April 2007
Entered on 26 April 2007
Valid until 26 April 2009

Switched to Tier 2 General Migrant, letter approving application dated 20 April 2009
Limited time visa (sticker in passport) dated 20 April 2009
Valid until 20 April 2012

1) I will be short by 6 days of the 5 year requirement, so can I apply for ILR 28 days before 26 April or do I first need to extend my Tier 2 visa before I can apply?

2) If I can apply for ILR, then which category do I chose, Highly Skill Migrant or Tier 2 Migrant?

Thank you for your time and consideration with my situation.

You may apply for ILR between Thursday, 29 March 2012 and 19 April 2012.

Click on links for more details.

Thanks for your reply vinny.

I spoke to HO this morning and was told I need to extend my Tier 2 to get the full 5 years first. They said that others have been denied on the basis of only being 2 days short, in my case 6 days short. Unlucky for me. I now need to keep my fingers crossed & hope my employer will pay for it.