PLEASE HELP- REGARDING REFUSAL OF DOMESTIC VISA

[anton75]

Hi All
Our domestic worker applied for an extension of her visa, but as she was misled she applied for ILR thinking that her 2 years unlawful stay would count towards her 5 yrs stay. Along with the initial application, the solicitor requested that if the ILR failed, then to consider for her extension for 1 year ( all in one application)- Is this possible??

Now after 6 months waiting, HO have refused the ILR, but no mention about the extension. Now she is going through the appeal process.

Is there any chance that she can apply just for an extension, now/? Please advice.

Thanks

Anton

[Obie]

Yes she could make and application for an Extension, as a decision has already being made. Section 3D is now in play, so the application will not be varied by the Secretary of State. However she will be informed that the decision will be dealt with at the appeal, and the Presenting officer's unit will be made aware of this.

Under the Domestic Workers in Private Household rules, she can only qualify for Settlement, if she applied or entered the UK in the category, on or before 5th April 2012, that she has been a worker for a period of 5 years with the same employer, and has adequate knowledge of the English Language.