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Hi

I have a difficult and confusing situation and I need some advice.

I switched from Tier4 student to Tier2 PBS General visa on July 2011 until May 2014, renewed on 2014 and I was granted up to May 2017. All in all 6 years under Tier2 General visa.

I made an application to renew my visa on April 2017 before my Visa expired. It was refused due to a salary banding discrepancy in the COS. Although my visa was expired, on June 2017 I made a fresh application (within 14 days of allowed timeframe) this time with a new COS and explanation of error to rectify the discrepancy of the previous one.

I received the decision from HO this 10th of November 2017 (after nearly 5 months waiting) and it was refused for the reason that the maximum continuous stay for Tier2 General Visa is 6years. I was suspended from work in those 4 months, but my employer was paying my full monthly salary, in the payslips it says Suspension.

My questions are:

can I now apply for ILR, as I have completed 5years, continuous stay. I will be submitting application within 14days allowable time given by HO(This must be before 24 Nov. 2017). I have been out of the country 3 times but no issues in that matter. One lawyer I have spoken to said I am an overstayer as my visa was expired which is really confusing me.

I know I will be writing a lot of cover letters and explanation about the situation, the documents passports, old BRP card(expired) that are still in the possession of HO.

Do i need to write and explain that my employer suspended me since I dont have a valid visa to work, but I was getting paid, with payslips saying I am on suspension?

my Tier2 general visa expired May 2017: Am I not really allowed to work during the times that my first application was refused and while waiting for the decision, even if i made on time applications?

I will be grateful for your help and advice to this matter. Thank you

DO NOT post your question all over the forum. Stick to this topic only
The decision is correct as you cannot extend a Tier 2 visa for more than 6 years. Also you do not have any further right to apply for ANY new application within the UK as you have been overstaying for more than 14 days (since June 2017)
Your sponsor should have suspended your employment upon receiving the first refusal and should have not paid you a salary.
Unfortunately you have no choice but to leave the UK as far as I can see. Given the length of overstaying, you could be getting even a re-entry ban of at least one year to the UK

May I know , why you did not apply for ILR after 5 years of Tier2 visa? or did I miss anything

katanayi wrote: ↑

Thu Nov 16, 2017 9:42 am

May I know , why you did not apply for ILR after 5 years of Tier2 visa? or did I miss anything

Not having the min salary threshold of 35K ??!

zimba88 wrote: ↑

Wed Nov 15, 2017 11:50 pm

DO NOT post your question all over the forum. Stick to this topic only
The decision is correct as you cannot extend a Tier 2 visa for more than 6 years. Also you do not have any further right to apply for ANY new application within the UK as you have been overstaying for more than 14 days (since June 2017)
Your sponsor should have suspended your employment upon receiving the first refusal and should have not paid you a salary.
Unfortunately you have no choice but to leave the UK as far as I can see. Given the length of overstaying, you could be getting even a re-entry ban of at least one year to the UK

Im sorry for posting it somewhere, quite new here. I have made all applications in time, i.e. before the expiry of my Visa, then within 14 days after being refused. As what I have read and I also asked the Home Office, as long as i made applications within given timeframe then I am not illegally in the UK

thank you for your response

katanayi wrote: ↑

Thu Nov 16, 2017 9:42 am

May I know , why you did not apply for ILR after 5 years of Tier2 visa? or did I miss anything

I know I should have made the ILR application last year(my 5th year in Tier 2) It was really a terrible mistake and wrong decision that I thought I can renew again my Tier 2. My job is in the shortage occupation List, im a Nurse

zimba88 wrote: ↑

Thu Nov 16, 2017 12:17 pm

katanayi wrote: ↑

Thu Nov 16, 2017 9:42 am

May I know , why you did not apply for ILR after 5 years of Tier2 visa? or did I miss anything

Not having the min salary threshold of 35K ??!

My job is in the shortage occupation list in the Table A

Im sorry for posting it somewhere, quite new here. I have made all applications in time, i.e. before the expiry of my Visa, then within 14 days after being refused. As what I have read and I also asked the Home Office, as long as i made applications within given timeframe then I am not illegally in the UK

Submitting a valid application and overstaying are two different things. Most seem to not understand this difference. It is literally called an out-of-time application when you are overstaying and your remain an overstayer throughout the time.
You should have applied for ILR on the 5 year mark last year. That was a missed opportunity right there