Tier 2 (General) Extension & Admin Review refused

[Aliz09125]

Hi All
I First got my Tier 2 General Visa in 2013 August at Level 4 SOC code 3319. Which was valid for 3 years from 2013 August to 2016 August. In 2016 August I applied in time application for extension of visa with same employer on same job code Level 4 Soc code 3319 fulfilling Salary threshold. However home office refused my extension application by saying that Level 4 job doesn't satisfy immigration rules and job should be rather on Level 6. They given me 14 days to submit Admin Review and applied in time Admin review to request home office about review of decision. As I was meeting income threshold at level 4 and I am with same employer and applying simply to extend my stay. As Admin review was submitted with in 14 days grace period given by home office after refusal of extension. But home office says "We don't want to condone same error which was done back in 2013". They mentioned unless I have Level 6 JOB they can't give me visa hence Admin Review is refused as well.
After refusal of Admin Review home offie given furthur 14 days so I can explain any reason to stay in Uk or apply another application. I applied FLR (O) application on Dsicretionary grounds with in 14 days to request Home office so that I can find another job at Level 6 on . I was successfully shortlisted in same company for Level 6 job. Once I got my COS I applied for Tier 2 (General) application and got Tier 2 visa.

Now question is .
1: As Admin review was refused on 10th Nov which means section 3c (continuous leave to remain comes to end
2: When Section 3C ends, is there any other way to show continuous leave to remain in UK
OR is there any other way to justify Home Office that there wasn't break in continuous period as after admin review refused I applied with in 14 days another application.

3: If person is throughout legally living in UK and if his visa extension is refused but he applies with in time applications, does still his continuous residency breaks?

I need urgent assistance on above topic please if any one can assist.
Kind Regards Z

[CR001]

You are an overstayer from when AR was refused. You need your FLR(O) to be successful for the overstay to be ignored. You are also not permitted to work.

You need to state a proper timeline with exact dates of each visa start and end date, each application submitted date, refusal date, AR refusal date, FLR(O) application date etc. We cannot guess with the limited information you have provided.

[Aliz09125]

Thank you for your reply.
If I was over stayer home office shouldn't give me another visa.

First Tier 2 (General) 12th August 2013 to 26th August 2016
Tier 2 extension was applied on 9th August 2016 in time application
Tier 2 extension was refused on 29th September. Home office given 14 days to apply for Admin Review.
Admin Review was applied on 9th October (within 14 days provided by home office).
Admin review was refused on 8th Nov (section 3c leave to remain ends)
Home Office given 14 days to apply for any other application or giving a reason to stay in UK.
FLRO application was applied on 20th Nov (within 14 days provided by home office)
Meanwhile i secured a job with same employer at level 6 and applied for Tier 2 General visa (which means I varied/changed my FLR (O) application to Tier 2 visa)
I got Tier 2 General visa successfuly.
I want to know when my Admin review was refused (section 3c finished) does it mean my continuous 5 years employment is broken? OR does it remain unbroken because after Admin review refused i applied for in time application of FLR O and later on varied it to Tier 2 successfully.
If Section 3c is ended because of Admin review refusal, does section 3D starts and saves my leave to remain and make it continuous?

[Aliz09125]

Can someone please assist on this question.
IF Admin Review is refused on 8th Nov 2016 and with in time Frame of 14 days Fresh application is made does it keep continues leave to remain alive? Admin Review refusal means Section 3C ended (leave to remain comes to an end). But if after refusal of Admin review with in 14 days another application (FLRO) is made and later on FLRO application is varied to Tier 2 General visa which home office than granted.
Does still Tier 2 five years continuity is broken?

[Mryousef89]

Dear Aliz,

Did you get any response in regard to whether you’re continues stay hasn’t been broken or not?

I have the same problem and I am desparate for an answer.


Regards,
Wasef