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Please help, URGENT advice needed - FLR (LR) rejected, Tier 2 General should be ready soon

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Helle1989
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Posts: 8
Joined: Mon Apr 03, 2017 11:23 am

Please help, URGENT advice needed - FLR (LR) rejected, Tier 2 General should be ready soon

Post by Helle1989 » Fri Sep 08, 2017 12:08 am

Hello,

I would really appreciate any help and advice that you can give as I am - like most of us making a thread with this title - facing a huge problem. I've been in the UK for 11 years now, initially on a Student Visa and then sponsored under Tier 2 General. No overstays, no issue or problem of any kind - I am in a well-paid job, living a normal life.

About a year ago, I mistakenly applied for FLR (LR) even though I could have gone for an extension of Tier 2 General. Something I did not know at the time was that I did not qualify for this visa as I was out of the country for more than the needed 540 days, but I mis-intepreted the law and applied nevertheless. I wasn't 100% sure that this was the right route so back then I even called the UKVI helpline to try and verify if and they said it is ok and to apply.

Long story short - it wasn't ok. I just got rejected, as this visa is not for people who were out of the country for over the 540 days. Me being a fool, I had a valid CoS for the good six months initially, I could have varied my application at any time, but I believed I was doing the right thing and the delays are of an administrative nature.

My company has since merged with another and the new employer has applied for a Sponsor Licence and CoS for me (they ran the RLMT, too). They had a Home Office visit last week. They may just get the licence in time for me to apply under it before the dreaded "you need to leave the country in the next seven days" is in place, but they may not. The letter is as scary as they get - you have the right to appeal, but you have to leave first. If there are any other reasons you should stay, let us know NOW. (There are, but their SPonsor Licence is literally not quite ready)

What would you do? On one hand, I fear that if I leave (under the view that I can deal with Tier 2 General application out of country) it will be harder to come back. On the other, I absolutely do not want to be put in a detention centre or forced out of the country. :cry:

A bit of a logical sequence to me seems to be:
- Get the employer to write to their Sponsorship contact and explain to them the situation and ask if they can be dealt with urgently
- If they get the licence in the next few days, then apply for T2G under it
- If they do not, leave and figure out later?

I am so so so so lost.... What do people do in these situations?

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Djsuccess
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Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Please help, URGENT advice needed - FLR (LR) rejected, Tier 2 General should be ready soon

Post by Djsuccess » Fri Sep 08, 2017 7:21 am

Hello,
Can you please give details of your immigration time line.
When you first came in, visas you've had and from when.
If you have being in the country for 11year, I would expect that you'll be qualified for ILR. How many years were you on student visa for and when did you get your first Tier 2 visa.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Helle1989
Newly Registered
Posts: 8
Joined: Mon Apr 03, 2017 11:23 am

Re: Please help, URGENT advice needed - FLR (LR) rejected, Tier 2 General should be ready soon

Post by Helle1989 » Fri Sep 08, 2017 7:29 am

Thanks for your reply. Here is the timeline.

Sep 2006 - Sep 2011 - student visa
Sep 2011 - Oct 2013 - post-study work
Oct 2013 - Oct 2016 - Tier (2) General
I stupidly applied for the FLR (LR) in September 2016, so have been under 3C since.

I don't qualify for the ILR, though, because I've been out of the country for over 540 days so I do not have "continuous 10 year residence". Over 75% of my absences are in those student years because they give you the 5 months' holiday and I took it.

I feel like if I could only buy a few days, a few weeks the CoS would have been in place .... but the refusal letter doesn't give me an option of an in-country appeal or a review that would buy me time. Only the right to appeal once I leave or the option to "let them know immediately if I have further reasons for wanting to stay"....

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