ILR Refused : Tier ICT issue + Tier 1 Visa Expiry Date Issue

[Mobiusrex]

Hi Immigration forum experts, I was refused an ILR at the Glasgow PEO . Looking at the refusal letter and the guidelines now I believe I have made a few huge mistakes whilst applying. So would kindly request you to go through the below with some compassion and provide me some guidance.

I had applied with the below details

November 2010 - May 2011 (6 Months) - Tier 2 Visa (ICT) Established Staff
May 2011-October 2015 ( 4 Years 6 Months) - Tier 1 General

All my other documents were found to be OK and I was refused an ILR on the basis that the Tier 2 ICT visa did not qualify for the ILR period . I believe I had mixed up the Tier 2 ICTs with the Work permit ICT which form part of the ILR acceptable visa categories.

So question # 1 : Can I appeal this decision ? Or I have truly misinterpreted the rules .

You would think that this itself is a big faux pas , but I believe I have made a even bigger mistake if you read on.

I was first granted my Tier 1 general in May 2011 with the expiry in May 2013.I had applied for the extension of this Tier 1 general in February 2013 and I was given a 3 year extension till February 2016.(3 Years) . I had thought that the Tier would be given till May 2016 but I didn't take too much notice of it as I was under the assumption that the aforementioned Tier 2 ICT visa was eligible for ILR. Only now I have realised that I might have applied early and hence why it was granted only till February 2016.

So what this means it that I will have had Tier 1 General for 4 years and 9 months if I have to apply again next year.

This brings me to my next set of questions

Question #2 : Can I go cap in hand and write to BRP error for a review to extend my previously issued BRP till May ?( Issued nearly 2.5 years ago)

Question # 3 : If the answer to #1 and #2 are No , what is the best possible way for me to get the additional 3 months to become eligible for ILR ? I am a director in my limited company based on my Tier 1 and I have job contracts till next year end. Can I switch into Tier 2 General through a limited company and meet the 3 months

Question #4 : If answer to question 3 is a Yes, can I apply for ILR next year with 4.9 years of Tier 1 general and 3 months of Tier 2 General ?

My apologies for the many questions.But I feel lost due to my oversight and would appreciate any guidance that the experts on this forum can give me .

If you can give me other ideas to address this that would be great as well. Thanks in advance.

Do let me know if you want me to provide you more details.

[CR001]

So question # 1 : Can I appeal this decision ? Or I have truly misinterpreted the rules .

No, you cannot appeal. You have misinterpreted the rules. On what date did you APPLY for Tier 2 ICT and what was the visa START date?

Question #2 : Can I go cap in hand and write to BRP error for a review to extend my previously issued BRP till May ?( Issued nearly 2.5 years ago)

No, you applied to early, it was not an error by HO. You were granted a 3 years extension from the date you applied, so all in line with the rules.

Question # 3 : If the answer to #1 and #2 are No , what is the best possible way for me to get the additional 3 months to become eligible for ILR ? I am a director in my limited company based on my Tier 1 and I have job contracts till next year end. Can I switch into Tier 2 General through a limited company and meet the 3 months

You will need to find a job with an approved Tier 2 General sponsor to be able to go this route. You cannot sponsor yourself for a Tier 2 General and contracting or working through an umbrella company is not permitted on Tier 2 General.

Question #4 : If answer to question 3 is a Yes, can I apply for ILR next year with 4.9 years of Tier 1 general and 3 months of Tier 2 General ?

As my answer was no, I will still answer the second part of this question in that yes, you can apply for ILR combining Tier 1 G and Tier 2 G time.

[Mobiusrex]

Thanks CR001 for your prompt response and clarifications. It helps me to understand my position better.

To answer your question

No, you cannot appeal. You have misinterpreted the rules. On what date did you APPLY for Tier 2 ICT and what was the visa START date?

This Tier 2 ICT visa was applied for in November 4th 2010 and Visa start date was on 10 November 2010 ( I believe you were asking to see if it was before April 2010 rules).

Thanks for your clear answers to #2,#3& #4.

I will now try to see what I can do find a company that can sponsor me for Tier 2 General. I guess thats the only option left based on what you've said .

Thanks again.

[geriatrix]

Mobiusrex, your post has been moved here.

[4joe]

Mobiusrex,
You should have been extended upto May,2016. I think it was over looking by the case workers. As per rules, you deserved to be allotted five years which you were deprived.
Better check from HO about it or take help of a Solicitor. I am sure you will find some way to handle it. Be positive and make efforts.Good luck.

[CR001]

Mobiusrex,
You should have been extended upto May,2016. I think it was over looking by the case workers. As per rules, you deserved to be allotted five years which you were deprived.
Better check from HO about it or take help of a Solicitor. I am sure you will find some way to handle it. Be positive and make efforts.Good luck.

Extensions are granted from the date of application. If an applicant applies too early, it is not HO error. The OP received a 3 year extension from date of application, no error or deprivation here by HO as OP applied too early.