Tier 2 Extension refused > Appeal > Fresh Application

[kevb2014]

Hello

I'm wondering if I could have your expert opinions on my case please.

In-time Visa extension - Tier 2 General
Visa expired - 8th June 2014
Refusal letter received - 4th July 2014
In-time appeal accepted - 21st August 2014
Hearing date - 1st December 2014

At present, my appeal is pending. My employer did not renew their sponsor license since the parent company has a licence too. My company is now listed as a branch on the parent company's SMS and is in a position to issue me a new CoS.

My solicitor has now asked me to request for a new COS and we'll withdraw the appeal to make a fresh application for Tier 2 General. I understand that I'm not allowed to continue to work once I withdraw the appeal until I receive the outcome of fresh application and would start overstaying as soon as the appeal withdrawal request is accepted by the Tribunal.

I have been living in the UK legally for 9 years+, would be completing my 10 yrs on 17 January 2015 and wish to apply for ILR as soon as I can. I'm worried that this might create a gap in my continuous lawful residency. Please advise.

Thanks a bunch for your time in advance.

[manci]

overstaying by up to 28 days is disregarded.

why was your extension application refused?

[kevb2014]

overstaying by up to 28 days is disregarded.

why was your extension application refused?

Thanks Manci. It was refused due to submitting an extension application with invalid CoS (same CoS issued for initial T2G application).

I'm thinking that as soon as I'm issued a new CoS, I'll start checking for any available slot for using the premium service for my fresh application and then book an appointment/apply online before 1 Dec 2014. Subsequently, I would withdraw the appeal as long as the gap between the day of appeal withdrawal and appointment day is less than 28 days.

Does this sound like a good plan?

Or should we go for a slightly different approach?
As soon as a new CoS is issued to me, we'll withdraw the appeal so that we can submit a fresh Tier 2 General application by post on the same day. On or after 20 Dec 2014, we'll submit another postal application for ILR and hopefully we'll have the Tier 2 application fee refunded.

What do you think?

[kevb2014]

Quick question.

My entry clearance was issued on 30th Dec 2004 and I entered the UK on 17th Jan 2005. Does my ILR eligibility for 10 years kick off on 2nd Dec 2014 or 20th Dec 2014?

Thank you for any advice you can provide me.

[kevb2014]

Hey guys, I had my hearing yesterday. The presenting officer did not attend and the judge decided to ask HO to reconsider my case. I included a new valid CoS, a few personal references and an offer letter from my employer in my appeal bundle.

Does this mean that HO will consider the new CoS before issuing me another decision letter?

[susanmm]

HI,
May I know what was the outcome please? My partner's extension request for Tier 2 was rejected as well. He requested for review and that was refused too. The reason is because when his visa was initially granted, the skill code was wrong. hence it was the mistake of the reviewer at that time. He cant extend under the same job code now.
He is going to reapply as a fresh application but his visa expires on the 18th Feb. Any advise based on your experience will be useful.

Thanks!