Can I apply for Tier 2 SW General visa again?

[egged2000]

Hello there,

I have been in the UK since 2005 working full time on a Tier 2 General migrant visa. In April 2013 I applied for Indefinite Leave to Remain for which I have just been refused! The reason for refusal was due to a payment error on my part that lead to a gap in my leave between April - May 2009. The letter I received from the Home Office says that discretion cannot be exercised as this gap in my leave amounts to a period of unlawful residence in the UK. They also say I do not have the right to appeal this decision because I still have Leave to Remain until March 2014.

What I would like to know if anyone can help!

1) Does my refusal of appeal mean I have to leave the country (and my job!) before I can appeal? This is not a great option!!
2) If I decide not to appeal can I apply for the usual Tier 2 General visa again now?

Thank you in advance.

[manci]

Not granting appeal rights was in accordance with the rules. Read Q28 in the FAQs:
http://www.immigrationboards.com/indefi ... 79378.html

From your post it is not possible to tell whether there would any point in appealing but if you wanted to you would have to submit a new ILR application shortly before the expiry of your leave in March 2014. If there is another refusal decision after your leave expired you will get the right to appeal.

The reason for the refusal was a break in the continuous lawful period of 5 years which occurred in April-May 2009. This means that discounting this period you will complete another 5 years in May 2014 and will be eligible to apply for ILR 28 days beforehand. This assumes that there would be no general grounds for refusal. Not knowing the actual dates one cannot comment further.

Re. your second question, If you are otherwise eligible you can certainly apply for a further extension of your T2 leave, the refusal of your ILR application would have no bearing on that.

[egged2000]

Thank you for your prompt response, it has been a great help.

[manci]

if you decide to apply for an extension don't omit to mention your ILR refusal even though it will not affect the application. Questions E9/E10 on the application form refer.