Switching to tier2 Sponsor

[ThiruG]

Dear Readers,
I came to UK in Jan 2008 as a student & graduated in 2011.
Got PSW was valid till October 2013. Applied for Tier1 entrepreneur in September 2013 & was refused in April 2014. Applied for tribunal & refused my case in January 2015. Applied for upper tribunal & my case wasn't​ granded.

Since that applied for EEA extended family members on time & still it was refused . Applied for tribunal & had hearing in January 2017. They dismissed my case, haven't received official letter yet.

Mean while the place where I am working now offered sponsoring me & been issued with COS.

My question is, am I legally allowed to apply under tier 2 after all this refusals since 2014?

Many Thanks.

Regards

[CR001]

You will need to apply from home country.

You have no legal right to remain in the UK since Tier 1 Ent was refused in the tribunal. Applying for EEA EFM does not extend Section 3C protection.

[ThiruG]

Thanks CR001,

So you mean my long residence settlement already broken. But why can't I apply from UK as official letter not been issued as court dismissed my case.

Regards

[CR001]

So you mean my long residence settlement already broken.

Yes because you have had no valid or legal stay in the UK since your last visa and appeal was refused (not the EEA EFM)

But why can't I apply from UK as official letter not been issued as court dismissed my case.

Because you are an overstayer for more than 14 days and have no valid leave to remain.

What is your relation to the EU citizen that you based your EEA EFM application on? This application gives you no protection or rights.