UK ILR - 28 day rule, qualifying period, immigration status

[qamish]

Hello,

I am a bit uncertain about my interpretation of the rules and would benefit from the advice of forumites.

I applied for my Tier 1 Visa from within the UK(prior to that I was on 2 years IGS visa) and the visa was stamped on 9th October 2008 and was valid until 9th October 2011 (3 years).

I applied for renewal onto the Tier 1 visa on 16th September 2011 by post. My Tier 1 visa was stamped on 17th Oct 2011 valid until 17th Oct 2013 (2 years).

I am eligible to apply for ILR at the end of my current Tier 1 Visa and have a few queries in this regard:

1-Question 6.1 on form SET(O): “When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based”. My understanding is that in the case of persons who applied for their work visa from within the UK, this date is the date on which the visa was stamped. Therefore, the visa stamp date is the beginning of the qualifying period. In my case this would then be 9th Oct 2008. Is this correct?

2-My understanding is that the period which my visa application was under consideration after the expiry of Tier 1 and before the Tier-1 visa extension was stamped (between 9th and 17th October 2011) is treated as a continuation of the former immigration category that I was on, i.e. Tier1 General (From FAQ on UKBA website: What is my Immigration Status while my application is being decided? If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay). My interpretation therefore is that this period counts towards the 5 year qualifying period in my case. Is this correct?

3- 28 day rule – SET(O) Guidance Notes, Section 5 When To Apply states “Please do not apply more than 28 days before completing the qualifying period”. This section does not state if the 28 day rule is applicable for only postal applications, and therefore my understanding is that I can make a premium application (in person) as early as 28 days before completing the qualifying period. Is this correct?

4- If points 1, 2, 3 are all correct interpretations of the rules as they stand; then in my specific case, the qualifying period completes on 9th Oct 2013. Therefore the earliest I can apply is 12th Sep 2013 (not 11th Sep 2013). Is this correct? Also, the last date I can apply for ILR (in person) is 17th Oct 2013, when my Tier-1 visa expires.

I hope someone can shed light on my questions and validate my assumptions.

Many Thanks,
Qasim