Tier 2 to ILR Refused. Please help

[naveed_79]

Hi,
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Tier-2 to ILR Application Refused
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My ILR (using Premium Service) application was refused although i had been given with 'Administrative Review'.
Reason: Absences related to requirements of the business of my Tier-2 sponsor
Administrative review submitted on the basis of two main arguments:
- That i was compelled by my employer as my employer's business was on stake. It was compassionate to work on my employer customer sites
- Misinformed by UKBA Help desk. Before going abroad in the second half of 2015; my employer called UKBA and discussed that if it is okay to send me to another work assignment outside of UK; despite the fact that my annual allowance of absence from UK was almost already around 180 days. UKBA told my employer that ‘if the work assignment is strictly related to sponsor's business purpose'; this absence will not penalize or impact on my future ILR application; and at the time of ILR application sponsor(employer) simply needs to provide a letter describing nature and dates of the work assignment.
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Visa Detail:
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Visa Type: Tier-2 (General)
Visa issue date: 17 Dec 2013
Expiry date: 17 Dec 2019
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Five years of absences from UK:
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17 Dec 2013 - 16 Dec 2014 : 98
17 Dec 2014 - 16 Dec 2015 : 323
17 Dec 2015 - 16 Dec 2016 : 44
17 Dec 2016 - 16 Dec 2017 : 26
17 Dec 2017 - 16 Dec 2018 : 37

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Conclusion
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I truly believe that my employer and me were misguided by Home Office over the calls. If they would have told us that this absence can affect my ILR application; i wouldn't have gone abroad.
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Questions
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I will be grateful if someone can provide me some information or guidance on the following questions.

1. What are my options if the Administrative Review is refused? Based on the situation mentioned above is it worth to go in the Judicial Review?

2. To keep the five years window within 180 days; from my calculation i can be eligible to apply fresh ILR application on 14 May 2020 ( actual: 11 June 2020 - 28 days). My visa expires on 17 Dec 2019. How can i stay in UK legally until 14 May 2020? Can i extend my Tier-2 General after 17 Dec 2019? I heard the Tier-2 (General) can be switched to Tier-1. But unfortunately i don't have 200K funds to show.

3. Can i apply for discretion leave? Based on the fact that my ILR application will be due on 14 May 2020. What are the requirements to apply for the 'Discretion Leave'?
Kind Regards

[Casa]

Please continue in your original thread where you have already received a response and advice.

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