ILR Refused.. Help Needed...

[mkosucu]

Hi All

I had my premium service appointment yesterday and they refused to grant me ILR. Please see my history below,

I came to this country as student, then got PSW. This bit is irrelevant. The relevant bit follows,

The company that I am working at the moment sponsored my Tier 2 Visa which was valid from 28/07/2010 to 15/06/2013.

After three years, my company applied for 2 years extension via an immigration company on 05/04/2013 and I was granted Tier 2 Extension valid from 15/05/2013 to 28/06/2013.

I stupidly got 28/06/2015 as a reference and made application on 2nd having assumed that I am eligible... But they told me that they refused because I have not completed 5 years continuously working here. Before tier 2, I was working under PSW visa which they dont take into account anyway.

They also told me that, the earliest date I can apply for ILR is 02/07/2015. However, My current stay(Tier 2 extension) expires on 28/06/2015. on 02/07/2015, I will have worked in this country for 4 years, 11 months and 4 days. But 4 days of this period will be without a legal right to stay.

I have 2 options here,

1) I can extend my tier 2 which will cost me a good 2.5k if I do it via our immigration company
2) The lady in the home office told me that, they will disregard any overstay if it is less than 28 days. But I do not know whether I understood it correctly. It is a big risk to leave it and apply on 02/07/2015,,

Basically, the problem here is that they started my Tier 2 extension 1 month earlier than they should..

Can someone give me an idea where to take this from here? Is it work writing to Home Office and asking them to correct their mistake? or it is not a mistake?

Any help will be appreciated.

Many thanks
Mes

[CR001]

applied for 2 years extension via an immigration company on 05/04/2013

- - -

Basically, the problem here is that they started my Tier 2 extension 1 month earlier than they should..

Can someone give me an idea where to take this from here? Is it work writing to Home Office and asking them to correct their mistake? or it is not a mistake?

It is not a mistake, you applied for the Tier 2 extension too early, more than 2 months too early. You should have applied closer to the expiry date in June 2013.

[mkosucu]

is extension my only option then?

[Amber]

Apply by post before leave expires.

[Chase53]

They also told me that, the earliest date I can apply for ILR is 02/07/2015.

Isn't it the earliest date you can apply is 30/06/2015??? Its 28 days before you complete 5 years on 28/07/2015.

[mkosucu]

well, we decided to extend my Tier 2 visa....