Advice on ILR SET(O) qualifying period

[dino123]

Hi.
This is my first post, My spouse has applied for ILR SET(O) (5 year continuous stay holding a Work Permit). Her case has been validated but has been referred to a caseworker for review.

Her first WP was issued on 9/12/04 for 2 years and she came here on 12/12/04.

Her current leave to remain expires in October2012. She is with the same
Company all through.

She had one major absence for 98 days between May 05 to August 05. There after all absences are minor, not exceeding 25 days each and totalling to 173 days until date.

The absence for 98 days relates to a business trip for training purposes and the company can provide a letter to that effect. However During her deputation salary was in INR for 3 months. She was then redeputed to UK on the same valid WP.

Having read the various posts on the forum and going thru the immigration rules and the caseworkers handbook, my query is :

Our calculation for the 5 year period began on 12/12/04. Her absence is from 7May05 to 15Aug05.

1. Will the caseworker consider the case favourably if the company furnishes the letter explaining the absence.

2. Is our 5 years calculated from from the first time she came here in Dec04 or backwards from today when we filed our application.

3. Please explain how the clock reset rule works.

4. She came back in Aug05 - If we are required to file a new application, will filing one in September2010 be valid as a five year term since she has a UK entry stamp on 15 Aug2005. Will this application then ignore the previous 98 day absence and only count the the ones for the period Aug05 to Sept 2010.

Thanks,
Dino