Urgent help..No Tier1 decision even after 11 months

[anotherguy]

Hello members, I am in a tight situation. Can you guys please advise me on how to proceed ?

I have applied to switch to Tier1 from Tier2 way back in march 2011. The application is still pending. I have contacted the Home office several times by myself and through my MP also. All i was told was "Need to do further verification checks. Cannot make a decision yet". My earnings were all incountry from normal employment from single employer. ( I dont know why it takes so long to verify ).

My Tier2 visa is expiring in 3 weeks time. My Employer has already got a COS for my extension. I have only come to know yesterday that If my Tier1 is rejected after my current visa has expired, I cannot apply for Tier 2 extension from UK.

I have also read that I cannot use the same COS to apply from extension from out of country. Is this True ?

Can i apply for Tier2 extension from out of country( If my tier1 is rejected and i have to leave UK) ?

I have been here for 4 years on tier2. If I have to leave the country and come back on a fresh Tier2, under the current rules will i still be eligible for ILR next year(when i complete 5 years) ?


I may in the end decide to withdraw my Tier1 application and go for Tier2 extension.

If i withdraw my application and request for emergency return of documents, how long does it take to get my documents back ? ( realistic estimate )

Is it possible that I may not get my documents back before my leave expires ? What should i do in such a scenario ?


Finally,
I have applied for Tier1 12 months before my current leave expires. The Home Office still cannot make an intime decision. Can i go to court if I dont withdraw current application and get rejected after the leave expires and I am unable to apply incountry tier 2 extension ?

[anotherguy]

Can somebody please help ?

[bond.boy203]

Mate,
Rules clearly says while the application is in consideration you are legally allowed to stay here so you should be fine even if your tier 2 expires ( this is my personal opinion).

your best bet would be to get solicitor's advise immediately.