Tier2 Extension after leave to remain has expired

[need_info]

Hi All,

I need urgent assitance on my query.

I had applied for switching from tier2 ICT to tier1 (general) via same day service on 10th Feb. The refusal decision arrived yesterday(11th March), letter dated 8th March 2011. My company has already got a COS(certificate of sponsorship) that is valid from 10th Feb to 10th May.

Can my visa be stamped from within UK using the same COS or do I need to go to my home country to get it done since my leave to remain has expired.

appreciate a prompt reply

thanks

[arsenal49]

its probable (though not certain) that all COS will be stripped on April 6th. So if you are planning to use that COS, better use it BEFORE April!

i cant say whether you are within ur rights to make a new aplication while remaining in-country. wait for other replies

[keikeichris]

its probable (though not certain) that all COS will be stripped on April 6th. So if you are planning to use that COS, better use it BEFORE April!

i cant say whether you are within ur rights to make a new aplication while remaining in-country. wait for other replies

Better call the helpline: see what they would say: 0870 606 7766

has your VISA expired already?

[need_info]

my employer is not willing to use COS, they are telling me to go out of country and start a fresh application.

I am considering appealing the decision, could someone suggest my suitable solicitors?

[geriatrix]

my employer is not willing to use COS,

What do you mean by that? If a CoS has been assigned to you by the employer, it is for you to use ... not for the employer to use.

1. If you have the right to appeal the Tier 1 refusal, you may choose to do so. But do bear in mind that if your appeal is dismissed, your employer may then find it difficult / harder to get a new "restricted" CoS issued for you to enable you to apply for entry clearance as Tier 2 migrant when the new rules come into effect. Also, do take into consideration the new restrictions on Tier 2 (ICT) migrants under the new rules from 06-Apr-11 that may affect your "long-term" plans to remain in the UK.

2. If you have valid leave (Tier 2), then you may make a new (Tier 2) leave to remain application using the CoS assigned.

3. If your (Tier 2) leave has already expired, then a new (Tier 2) leave to remain application may be refused by UKBA for being out-of-time and refusal of out-of-time application does not have a right of appeal.

4. You cannot make a new leave to remain application while an appeal (on a previous refusal of a leave to remain application) is pending / ongoing.