Tier 2 ICT extension

[solarc]

Hi All,

I wanted to seek opinions on my situation.
I was granted a CoS for Tier 2 Established Staff in Feb 2011, the application was submitted 10 Apr 2011 unbeknown to myself or my company the visa had changed to Tier 2 ICT and the rules changed to a 5yr maximum stay. The visa I was granted however, stated Tier 2 Established Staff (3yrs), which made my company relax and assume I would continue to be extended until 10yrs.

I came up the 5yr mark in May this year and everything unravelled. My company realised that I may not be eligible for extension, but submitted my application anyway citing the initial error on the visa as grounds for discretion. In response, the HO acknowledged that an error was made on the initial visa, but still rejected the application saying they only look at the dates. I've done an Admin review and stated that I've been in the dark on all this, and have been carrying on with my life as normal leaving visa process to my employer, am pregnant now with boyfriend who is British, and they've still refused.

I've sought legal advice now as my company has just given up, a lawyer has suggested a Judicial review.

I just wanted to ask
a. if anyone thinks this is an advisable course of action, do I have a case here!?
b. how long JR normally takes
b. Am I deemed an overstayer during this JR process?

Thanks in advance

[CR001]

How long have you been in a relationship with your British partner?

When is your baby due?

You are deemed an overstayer unless you are successful with the JR process.

Ignorance unfortunately is not sufficient for a defence.

[CR001]

How long have you been in a relationship with your British partner?

When is your baby due?

You need to be very careful here as you likely don't have an entitlement to free NHS.

You are deemed an overstayer unless you are successful with the JR process.

Ignorance of the rules unfortunately is not sufficient for a defence.

[solarc]

Hi,

We've been together for 3yrs but only just started living together recently.

Baby is due in April, does this make a difference?

I'm aware I may have to pay for any medical expenses.

[CR001]

Hi,

We've been together for 3yrs but only just started living together recently. How recently?

Baby is due in April, does this make a difference? Nope. For any application to have a chance of possible success, the baby needs to be born.

I'm aware I may have to pay for any medical expenses. 150% of NHS cost.

When did your visa expire?

When did you get the refusal (date)?

[solarc]

Recently as in only just, less than 2 months.

When did your visa expire? - Expired in May this year.

When did you get the refusal (date)? Got the initial refusal early October, then did an Admin review which came back Monday 14. They've said I have 14 days to leave or submit a section 120.

If the JR drags on past April next year, If the baby is born can we withdraw the JR and submit a new application on different grounds? Are we gambling too much here?

Many thanks for your responses, very appreciated.

[CR001]

Your JR can continue while you submit an application I believe. Hope you have loads of cash to throw at a JR and a birth.

Gambling = you are really are on a very difficult path now and it is a mark against you for future citizenship too, especially if your JR is unsuccessful.