Tier 2 G extension refused! New application for Tier 4?

[khoo]

Hi

Please advise me with my Tier 2 refusal issue. I was in Tier 2 visa for under sponsorship for 2 years at entrant rate. Recently I had secure another 1 year contract at entrant rate; so I submitted an extension based on the fact that I am still under 26, the extension for total stay in Tier 2 wasn't beyond 3 years 1 month.

My extension was refused because experience rate requirement didn't meet. I found out my sponsor put the COS start date from my leave expiry then roll forward for 1 year as COS end date. She didn't take into account the adjustment of 14 days extra as always granted by the policy, to adjust backward as well as the 14 days in the beginning was also granted by the policy. She insisted COS length has to be a year as contract length because of genuine vacancy matter, and start date shouldn't overlap. But my contract could start earlier than my expiry, I argue that it has to be adjusted for as those extra days were not sponsored, but granted by policy. Also, COS end date supposed to follow the job end date. I sent a letter to explain right after my first document submission; hoping for consideration for granting the visa up to the maximum limit of 3 years and 1 month or contact us to revise the end date before decision. The letter was sent out at least 7 days before the biometric enrollment, to ensure it was received before consideration.

1. The letter did not mention my age and the letter were under the consideration. I wonder admin review could help? Document sent to HO before consideration should be considered??
2. Even if HR forgot the adjustment, in normal practice one still able to extend another year without go beyond the 3 years 1 month limit. My problem was, the first Tier 2 visa was granted too quick with more than 5 weeks before my COS start date wasted. The period was not allow to work but counted toward maximum. HR didn't want to adjust the date although she admitted the adjustment should be considered beforehand. The main concern was that, the genuine vacancy will be questioned if revised the COS end date.
3. What application in another capacity means in the refusal letter? Could I switch to Tier 4 now or go for another Tier 2 application with labour market test?

Thanks in advance. What is the best way to deal with this?

[mastenfr]

Hi,

Can you post a copy of the refusal letter, in order to understand your situation better?