Eligible to apply for ILR or extend Tier 1 visa?

[bullseye81]

Hi

After the ILR changes earlier this year, I would like help with whether I qualify for ILR or whether I should apply for another extension of my Tier 1 (General) visa.

The timeline of my stay in the UK are as follows:

1. HSMP valid from 1 June 2008 to 1 June 2010
Entered UK on 6 June 2008, left UK on 21 June 2008
Entered UK on 29 September 2008, and have remained in the UK other than 70 days from that date until my HSMP visa needed renewal

2. Tier 1 (General) valid from 1 June 2010 to 1 June 2013
During this period, I will not have been away from the UK for more than 180 days in total.

As I was away from the UK for more than 90 days once (from 21 June to 29 September 2008), can I still apply for IRL when my current visa expires?

Reading through the revised ILR guidance, I seem to be able to apply for ILR before my current visa expires on 1 June 2013. However I recall that there used to be a requirement that any time outside of the UK for more than 90 days any one time was disallowed, but has this changed now?

Many thanks for your help.

[Gagan1986]

It has been changed now and will be eligible to apply