Help needed please!!

[masi_almasi]

Evening guys,

Not sure if Im in the right place. I submitted a FLR(O) application in July and started a new job on the 16th this month.

The working place, NHS trust, promised to apply for a tier 2 application after this..

This morning got a call from my lawyer saying that I have been refused...Now contacted HR and for some reason they changed their mind about the sponsorship and that they wont offer it any more... To make things worse they want to sack me straight away..

When I applied I was under tier 1 psw, and was in Syria for a while trying to get my parent out of the country...

My question is once the application has been refused can I still apply for a tier 2? and is my immigration status still considered tier 1 psw?

I have lived in the UK for exactly 10 years now..

Thanks guys

[manci]

If you applied for FLR while you still had valid T1 PSW leave then the PSW leave continued until the date of refusal (under section 3C) and you were allowed to work until then.

From the date of refusal you have become an overstayer and as such the NHS, or anyone else, is not allowed to employ you. However, if you can find a T2 sponsor who can assign a CoS to you then you can apply for T2 leave within 28 days of the date of refusal as overstaying for up to 28 days is disregarded.

[masi_almasi]

If you applied for FLR while you still had valid T1 PSW leave then the PSW leave continued until the date of refusal (under section 3C) and you were allowed to work until then.

From the date of refusal you have become an overstayer and as such the NHS, or anyone else, is not allowed to employ you. However, if you can find a T2 sponsor who can assign a CoS to you then you can apply for T2 leave within 28 days of the date of refusal as overstaying for up to 28 days is disregarded.

Thanks manci,

So What am I supposed to do now? I mean the occupation im working under is not on the shortage list but I was exempt from the market research because of my PhD and Tier 1 PSW...

The problem was that the PSW was going to expire at the same time when I was offered the job. Thats why I went to FLR(O) couldnt get the COS because my documents were at the HO and they insisted to checking all the papers before doing that...

Do I have a way out?

Thanks

[manci]

if you find a sponsor who will assign a CoS to you within the 28 day grace period they will be exempt from the RLMT because you last had leave in the T1 PSW category.

[RANA-ALI]

As from ur first post if u completed ur 10 year legally in uk , why not apply for indefinite leave on the bases of long residence , according to guidance even u overstay upto 28 days it will be disregarded ,
Hope this help, for more info on long residency please follow post in indefinite leave to remain in this forum