Need to switch from PSW tier1 discretion leave to Tier 2 Gen

[discretion leave]

Hi All,

I currently have a post study work visa under discretionary leave. This visa was obtain when I finished my degree 2 years ago and got refused. I went for an appeal option and was given PSW under discretionary leave which expires in March 2014.

Few week ago I made an application to switch to tier 2 general which got refused. I was awarded all points expect Home Office was not satisfied that my employer did thr labour market test and HO did nt give me the 20 points.

Confusing point.

What should I do at this stage.
1. I was not aware that I had my visa under discretionary leave and it probably got my employer to apply for wrong sponsor certificate under PSW tier 1 only. where they probably should have mention the discretionary bit I think.

2, Can I re apply for my tier 2 inside UK if I get my employer to give me all relevant paper work or do I need to go back home and re apply. My Employer wants to support me and they are A rate sponsor.

3. How can I switch from Discretionery leave PSW tier 1 to tier 2 general

4. My wife is staying with me as a dependent and her application got refused as well because mine did not go through. I have been in the country for nearly 6 years now 4 as student 2yrs as PSW tier1 under DL. I got married last year and my wife join in Jan 2013.

Please advise whith way should I go at this Stage my PSW tier DL expires in March 2014

[Lucapooka]

I'm stumped! What do you mean by under DL? Either you have PSW under the points-based system or you have DL. Which is it? I think you may have been granted PSW outside the rules rather than DL itself.

[discretion leave]

Thank you for helping,

On my refusal letter it says on 24 Nov 2011 my PSW was refused then on 12 March 2012 I was granted Discretionary leave to remain in tha UK until 12 March 2012.

And now my visa has been refuse again because on my passport it says PSW leave to remain it does not mention anything about discretionary leave.

My employer applied my sponsor certificate thinking a had just a PSW visa not Discretionary leave

[manci]

Your immigration history and status are unclear

You appealed to the first tier tribunal in 2012 and must know what the tribunal's decision was.

If you currently have discretionary leave you are allowed to work but cannot switch to Tier 2 in-country. See Immigration Rule 245HD.