Tier 2 extension reject need help

[takeitfromme]

Hello there,

Hope somebody can help us out from this situation. We are in desperate need of help.

My wife is under Work Permit which expired on 5th Nov 2011. She has been working for this company for the last three years; we applied for her work permit extension under tier2 transitional arrangement A. Her application has been refused with no rights to appeal.
Her employer had to apply for sponsorship licence for the first time from scratch under new system. They started this process in Sep 2011 but finally received the licence 7th Dec. My wife had to wait until that process was to be completed in order to get her sponsorship certificate. She applied for the extension with all documents on 9th Dec. We hoped that everything would go well but is did not.

While producing the online licence number her employer put a wrong skill code that refers her jobs as Low-Skilled. they had realised the code was totally wrong. This is a genuine mistake made by her employer and they want to correct now and support us all the way to get together this painful process.

My wife’s application is rejected on the basis that the occupation code mentioned on the sponsorship certificate by her employer is not considered as skilled job therefore she is not eligible for Tier 2 Transitional Arrangement A.

On top of this, as she applied for the extension after her leave to remain expired, the rejection letter reads out that she is not eligible for appeal. Her passport has been passed on to Immigration enforcement Team which will help her to deport. We don’t know what is going to happen next.

I am under Tier 1 General and her work is ready support her fully, she is okay to go back to home country and apply fresh for work permit or as my dependent. But given the fact that we did a delayed application (35 days) we have been told that they may ban my wife from entering UK for a year. We are absolutely shattered by this news and we don’t know want to do. We have a full-fledged life here and we can not afford stay apart for year.

We did not know the seriousness of this delayed application. Any advice from this forum would be a very big help.

What would recommend us to do? Make a fresh application in-country explaining the circumstances as exceptional or go back to home country and apply fresh.

If we go back, what if my wife is banned to enter UK for a year?

How we can get back her passport from them.

we are mortified by this news and we have no idea how to deal with this situation.

[psw2009]

work permit rejection

you should have apply for admin review so that your wife stay in uk remain legal until you get reply of review i think you can still call the homeoffice and ask if can file admin review.

Tier 2 general

what is your wife job's title and how much is the salary??

i think if you employer call the sponsorship helpline and explain to them that they have put a wrong code then they will suggest what to do.

[AUHS]

work permit rejection

you should have apply for admin review so that your wife stay in uk remain legal until you get reply of review i think you can still call the homeoffice and ask if can file admin review.

Tier 2 general

what is your wife job's title and how much is the salary??

i think if you employer call the sponsorship helpline and explain to them that they have put a wrong code then they will suggest what to do.

Totally wrong

PSW2009 ,It is better not to tell any thing which you don,t know.

This is an IN COUNTRY application so there no right of any Admin Review.

2nd

The applicants need help from a good lawyer/solicitor if they want to challenge the decision and NOT from sponsorship helpline.

[vinny]

Hi
Wonder if someone can help me here.
My wife is on Tier 2 visa, she is almost completed five years of living in the UK. Here ILR is due in Jan 2014. When she applied for last tier 2 extension, the application was rejected and she had to appeal to get it through. The rejection letter instructed us that she should leave the country in 28 days, but she didn’t leave the country but appealed against the decision in country and got through.
Here is the chronological order of the things as happened to calculate Five Years continuous period qualification.

Initial Tier 2 granted from 5th Nov 2008 to 5th Nov 2011 (36 months)
Extension application made on 13/12/2011
The decision of the initial extension application was sent to us 16/01/2012
The appeal was made on 01/02/2012
The decision of the appeal application was notified to us on 28/03/2012
Tier 2 Extension visa dates from 11/04/2012 to 27/01/2014 (23 months)

Do you think she needs to apply for another extension again before she qualifies for ILR application?
Secondly, I recently got through my ILR and she can apply as my dependent, but given the fact that she is already not on my dependent visa, can she switch over from tier 2 gen to dependent visa in-country and if yes, how long will it take to get her ILR after converting to my dependent visa?
Any help from you will be very much appreciated

[vinny]

I think that she may apply for ILR in her current category no sooner than 28 days prior to the completion of her qualifying period and before her leave expires.

Switching to being your dependant will reset her qualifying period for ILR in the dependant category.

[takeitfromme]

I think that she may apply for ILR in her current category no sooner than 28 days prior to the completion of her qualifying period and before her leave expires.

Switching to being your dependant will reset her qualifying period for ILR in the dependant category.

Hi Vinny,

Thanks for your reply. much appreciated. I believe the qualifying period for ILR 60 months but one can apply for it 28 days before. If my wife applies for ILR say 2nd Jan 2014 she would have lived here in UK under tier 2 gen visa for 58 months only. In this case do we have to apply for another extension and then apply for ILR?

Many thanks