Thank you for your response.
I had seen these links already but they do not address the objective of my question.
I had read somewhere on the Home office website that if you apply for ILR and do not meet the 5 years qualifying period you will be granted a FLR automatically, I am not able to find it now. Can anyone point to an official text/link to this effect please?
Also another thing that I had in my mind was that if the ILR applications fails due to the shortage of qualifying period are granted FLR automatically then would it be to the advantage of pre Nov 2006 HSMP holders to apply for ILR as the result of Judicial Review will come in a few weeks and hopefully like in the previous instance once the Home Office to remove this unfair application of new rules retrospectively then those who were given FLR in response to their ILR application might be able to get their ILR without payment of additional fee?
I am aware of people who were refused ILR after 4 years had taken the Home Office to tribunal and won their cases on individual basis too:
http://www.hsmpforumltd.com/aitappeals.html [nofollow]