Tier 2 general visa extn Urgent Reply Change of employ

ram89* · Post by ram89* » Tue Jan 03, 2017 10:39 pm

Hello,

I applied for Tier 2 change of employment (new sponsor) on Oct 2016, just received the refusal letter on 31st Dec. I have no interest in going for an administrative review as it is a mistake in CoS.

I am worried as my refusal letter states as below:

"You were last granted leave to work as Electrical Engineer for Company A but your Certificate of Sponsorship indicates that you wish to be employed by Company B, and this is a different employer. Therefore, you will not continue to work for the same employer you were working for, or intending to work for, when last granted leave "

I still have my current job where i have leave to remain until May 2017. Also I didn't quit my job or inform my current employer that I applied for a change of employment sponsor

whether I can just proceed normally with my current job which gives me leave to remain until May 2017? Or has this overridden my old application? But technically, I DO have a legal basis to remain which is my current job since my visa is until May 2017, right ?

I have not received my passport yet. What may be the reason ? Do they wait until for any administrative review period to send back or new visa application to be made ?

Will I receive any curtailment letter to move out of UK?

Will any message or communication go to my current employer?

Appreciating any help / feedback on this please... *** its urgent ***

Thanks,

Djsuccess · Post by **Djsuccess** » Tue Jan 03, 2017 11:41 pm

ram89* wrote:Hello,

"You were last granted leave to work as Electrical Engineer for Company A but your Certificate of Sponsorship indicates that you wish to be employed by Company B, and this is a different employer. Therefore, you will not continue to work for the same employer you were working for, or intending to work for, when last granted leave "

It appears there was a problem with the COS used for your application. The application was meant to be treated as a new application which will require RLMT and earning of appropriate salary. Your visa can not be refused just because you are changing employer. There is more to it. Could you be more specific on what happened with Company B and the type of CoS issued to you?

Ideally, your passport would be returned to you if your current visa is still valid. They will hold on to your passport if there a serious issue with the application or your current visa has expired.

if it was just a mistake on CoS like you said, then either your current company or intending company can issue you a new CoS for another application and you should still be able to continue working for your current employer.

But the case worker said "Therefore, you will not continue to work for the same employer you were working for, or intending to work for, when last granted leave " which means you can not continue to work for your current employer or the intending employer.

I guess there is more to this case than what we read here.

You might need to provide more information to see if anyone could offer advice here.

ram89* · Post by ram89* » Wed Jan 04, 2017 10:37 am

Hello,

Please find additional info as requested :

Tier & Category : Tier 2 (General - New Hires - High Earners)

Issue with CoS as named in the refusal letter :

First Reason:

Your CoS indicates that your sponsor has not performed an appropriate resident labour market test.

You donot qualify for any of the exemptions in order for you to be awarded points for sponsorship without the need for your sponsor to show they have performed a test of the RLM.

The job you wish to undertake should have been advertised on our recommended websites & also in two additional media. Hence we have been unable to award any points for sponsorship.

Second reason:

As your prospective salary is not at or above the minimum rate as specified, we dont consider it to be at the appropriate rate for the job. Therefore been unable to award points for appropriate salary.

Please help anyone.....*** its urgent ***

Djsuccess · Post by **Djsuccess** » Wed Jan 04, 2017 12:02 pm

ram89* wrote:Hello,

Please find additional info as requested :

Tier & Category : Tier 2 (General - New Hires - High Earners)

Issue with CoS as named in the refusal letter :

First Reason:

Your CoS indicates that your sponsor has not performed an appropriate resident labour market test.

You donot qualify for any of the exemptions in order for you to be awarded points for sponsorship without the need for your sponsor to show they have performed a test of the RLM.

The job you wish to undertake should have been advertised on our recommended websites & also in two additional media. Hence we have been unable to award any points for sponsorship.

Second reason:

As your prospective salary is not at or above the minimum rate as specified, we dont consider it to be at the appropriate rate for the job. Therefore been unable to award points for appropriate salary.

Please help anyone.....*** its urgent ***

Now it makes more sense. The 2 reasons given are the major reasons why they refuse applications involving change of employer. RMLT and appropriate salary.

In your case the intending company will have to carry out a proper RMLT and also offer you an appropriate salary. Carrying out a proper RMLT might mean that the job be given to a settled worker with the minimum requirements for the job.

You can continue working for your current company and the extend your visa with them bedore your current visa expires in May.
UKVI should send back your passport if you are not applying for Admin review and your current visa is still valid.

If you haven't received them after 2 weeks, you should probably contact them for answers

ram89* · Post by ram89* » Wed Jan 04, 2017 12:15 pm

Hello Djsuccess,

Appreciate your reply & Thanks for your help.

I have additional question as i have read over internet, the sponsor has to carry out proper RLMT or he has to assign proper SoC code if the company falls in that category (like nuclear, aerospace etc), so that i can have exemption on RLMT & they can allocate the points. Can you please clarify, whether my new sponsor can go with proper SoC code & resubmit my new visa application.

Thanks for your reply.

Djsuccess · Post by **Djsuccess** » Wed Jan 04, 2017 1:08 pm

ram89* wrote:Hello Djsuccess,

Appreciate your reply & Thanks for your help.

I have additional question as i have read over internet, the sponsor has to carry out proper RLMT or he has to assign proper SoC code if the company falls in that category (like nuclear, aerospace etc), so that i can have exemption on RLMT & they can allocate the points. Can you please clarify, whether my new sponsor can go with proper SoC code & resubmit my new visa application.

Thanks for your reply.

You new sponsor shouldn't manipulate Soc to avoid carrying out rlmt. They need to assign the right soc that matches your job title and description. It is not just by industry but also by your role.
If a RMLT is required for your role, let them do it the proper way and you can re apply with peace of mind. Trying to manipulate soc code to favour you could land both you and the company in trouble with UKVI.

ram89* · Post by ram89* » Fri Feb 03, 2017 9:18 pm

Hello,

To update, I din't go for Administrative review or processed any new application. Instead I wrote couple of letters asking them to return my passport (its been 2 weeks now). But today after a month of Visa refusal, I received a letter from 'Admin Review Workflow' Team mentioning I need to leave UK (I believe its a standard procedure after visa refusal, since I did not go for AR).

I believe My current Visa is still valid with my current employer till May 2017, so I have every right to stay in UK right ?
Refusal letter received on 31 Dec 2016. Till now haven't received my passport. How long does it take to get the passports back after refusal?

Should I be worried ? Please advice.

Thanks.

ram89* · Post by ram89* » Sat Feb 04, 2017 12:59 pm

Hello,

Can anyone please advise..!

I have received a letter from home office today, mentioning we need to leave the UK now & Also you retained our passports.

Our tier 2 general extension visa was refused recently which I applied with a job offer from my wishing new employer. At the moment we are not going for any administrative review. Also I am not planning to apply for any new visa application.

But still my current visa is valid till May 2017, as my current employer has not withdrawn the CoS & also I have not resigned to my current job. Hence we have the legal right to stay in UK till May 2017 right ?

Also my passports have not returned, can any one advise what may be the reason ?

Matter is very urgent & your earliest response is highly appreciated.

Thanks & Best Regards,

noajthan · Post by **noajthan** » Sat Feb 04, 2017 1:01 pm

Posts merged.

ram89* · Post by ram89* » Mon Feb 06, 2017 12:10 pm

noajthan wrote:Posts merged.

Can anyone reply please... Its urgent...

Thanks...

ravi_ei · Post by **ravi_ei** » Wed Feb 08, 2017 9:35 pm

Hi Ram,

Did this matter resolve?

Thanks
Ravi

tiernokiss · Post by **tiernokiss** » Thu Feb 09, 2017 5:04 pm

Hi,

Any news on this? Very relevant situation.

Kind regards,
Natalya

tiernokiss · Post by **tiernokiss** » Tue Feb 14, 2017 1:38 pm

Hi all,

I would really appreciate the response to this topic. I.e. if you still hold company A's sponsorship and still work for it, while company B's visa application has failed (due to inappropriate advertising let's say), would you be able to continue working for company A?

I initially though you should be able to, however this topic and another one I found on this forum, prove that there is a high risk of being deported. This risk would effect my decision to take on another job offer.

Looking forward to hearing from anyone!

Kind regards

hassanh · Post by **hassanh** » Wed Feb 15, 2017 11:19 am

Hi,

I have already created a topic on this and awaiting responses. I am adding some information there.

http://www.immigrationboards.com/uk-tie ... =important question#p1451721

Thanks

gokmev · Post by **gokmev** » Thu Feb 16, 2017 8:31 am

Hi,

Could you please post updates for the benefit of others who experience the similar situation?

Many thanks

ram89* · Post by ram89* » Sat Jun 10, 2017 5:44 pm

Hello,

I am currently on tier 2 general visa valid till Aug 2017. I have got an offer from new employer, who wishes to hire me. I have few queries as under:

a. I will be completing 3 years in July 2017 & I would like to know whether I can apply for 3 more years of Visa with my new employer, where the total stay in UK will be less than 6 years ?

b. or If I go for two years visa whether I can apply for ILR without any complications in future after completing 4 years 11 months in UK?

c. My new employer has chosen the code which is in shortage of occupation list & also my role requirements exactly matches as described under SoC. Is RLMT required or I can go ahead with just SoC code ?

Please advise.

Many Thanks in advance .....

poper · Post by **poper** » Sat Jun 10, 2017 5:58 pm

ram89* wrote:Hello,

I am currently on tier 2 general visa valid till Aug 2017. I have got an offer from new employer, who wishes to hire me. I have few queries as under:

a. I will be completing 3 years in July 2017 & I would like to know whether I can apply for 3 more years of Visa with my new employer, where the total stay in UK will be less than 6 years ?
Yes

b. or If I go for two years visa whether I can apply for ILR without any complications in future after completing 4 years 11 months in UK?
No, but the gap between you leaving your employer and filing a new application(which is successful) should not be more than 60 days, else continuity is deemed broken

c. My new employer has chosen the code which is in shortage of occupation list & also my role requirements exactly matches as described under SoC. Is RLMT required or I can go ahead with just SoC code ?
No RLMT for shortage occupation

Please advise.

Many Thanks in advance .....

ram89* · Post by ram89* » Sat Jun 10, 2017 6:19 pm

Hello Everyone,

Thanks for your support & guidance over the difficult situation.

To the benefit of everyone, If you have a valid current visa & if anything happens during change to new job / employer such as new visa refusal, please dont worry as you will have every right to stay until your current visa expires.

The letter I received from home office is a standard wording & it is their mistake to include such information in visa refusal. Hence please dont worry & you can stay as long as your current visa is still valid & your current employer has not withdrawn CoS. Hence I recommend not to inform your current employer until your new visa arrives while changing the job / employer.

After a month, I did even received a letter from home office mentioning I need to leave U.K. Then I wrote a letter & posted it to home office (Ensure to send tracked post for your acknowledgement). Then I received an answer mentioning its an error & they will be returning my passports back to my home address soon. I received the passports as well within a week.

Hope this helps...

Thanks....

ram89* · Post by ram89* » Sat Jun 10, 2017 6:58 pm

Hello Everyone,

Below are my few advises after going through difficult situation such as visa refusal:

a. If you have received a new job / offer letter, please donot inform your current employer until your new visa arrives. New Visa is the only confirmation that you can go to a new job.

b. CoS checks : This needs to be done by you as It is your Visa application on which the decision is made
1. Salary : Check & Verify that the salary mentioned in your CoS is more than the minimum salary requirement (atleast 100 pounds more). Please dont mention in hourly rate as it may cause confusion while calculation like number of working hours etc. Hence asks your prospective employer to mention in PER ANNUM BASIS ONLY.

2. RLMT : Check & ensure to provide proper job portal names & job reference ID's correctly. If required do a search using job reference ID & ensure it was posted. Also note the job needs to be advertised in govt preferred websites.

c. SoC code: If RLMT is not done & going with SoC route, ensure both the role requirements & industry category are met while choosing SoC code. As an example, if your role is electrical engineer with some specific requirements (such as high voltage trouble shooting ) & also the prospective company needs to be under Nuclear Industry Category, please ensure both the conditions are met. You cannot go ahead with only one condition met.

d. Start Date of your new employment: It is sensible to mention the date by doing some basic calculation such as expected new visa arrival date + notice period. This will allow you to serve your current employer with required notice period to avoid any complications with your current employer.

Hope this helps some one...

All the very best....

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