I had work permit (WP) in Feb 2008 until Jan 2011 (3 years). I left the job in Feb 2011 (after my WP ended); I joined my current employer who applies Tier 2 for me. I got my current job offers before my WP expired, as the application process for a COS took several months, I went back to my country (Malaysia) while waiting for the COS as my WP has expired. I obtained the COS in April 2011, I then applied for entry into the UK under the term of Tier 2 from Malaysia, I was granted Tier 2 for 3 years in May 2011 (till the May of 2014). Meaning to say I have a gap of 4 months in between my old WP and current Tier 2 visa.
My question is, can I apply for my ILR (indefinite leave to remain) in the UK in May 2013, based on the fact that I have been in the UK for more than 5 years (Feb 2008 to May 2013, and after deducted the 4 months gap, I have been leaving in the UK for 5 years) as a WP and Tier 2 Holder.
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