how to get Tier1 extension post refusal of ILR

[rohit2007]

Hi
Any help would be appreciated, I recently applied for ILR personally at home office at that point my application was taken & sent for further approval with immigration officer as my wife was away post delivery for 92 days & she is the main applicant, However I have recieved the letter along with documents refusing ILR, also they have sent the right to appeal form + asked to apply for further extension.
When I called UKBA office today they said that as my visa expired on 17/06/2011 now I am overstayer in this country & if I apply for extension that will be refused. I dont know what I should do now.

[malikjitin]

Hi

I dont know the exact details of your case obviously.

However, in cases like yours anyone should immidiately seek pro assistance not because they are qualified to deal with you affairs, but only because they have so much experience that they can make you aware of where you actualy stand under todays rules and options you have.

Also which options you might be better of with.

Good Luck

[Sushil-ACCA]

TILL 28 working days after expiry u can apply extn as yr stay is valid

u mentioned 17/6/11 last day so u can make extn appln

all the best

keep posting

[Sushil-ACCA]

if dont mind can u site resons of refusal and what sections applied

i mean 135g i or ii etc

regards

[rohit2007]

Hi Sushil
Ilr was refused on grounds of period of continuous stay as my wife was away for 92 days &she is main applicant
Thanks

[geriatrix]

If you haven't submitted the appeal within the time stipulated for it, then you are now an overstayer.

This said, if you haven't appealed the refusal then you may submit an out-of-time application for leave to remain (extension) within 28 days of receiving the refusal. Do note that acceptance of an out-of-time application for processing is subject to UKBA discretion.

Also, any period spent in the UK as an overstayer resets the ILR count for economic migrants, and there is no "grace period of 28 days" as some people refer to it. The mere fact that an out-of-time application is approved doesn't make any period of unlawful stay legal.

[rohit2007]

Thank you very much for your advice,
I have applealed against the decision & I have got the hearing date on 08/08/11. My solicitor has asked me to get some letters from friends & employer in support.
Can you please help me with documents which will help me on tha day, I am sure my solicitor will help but in case any body have got any brilliant ideas for the day & also should I take my son to court or not?[b]

Thanks[/b]