Refusal unfair

[smiles345]

My cousin sister's Tier-2 refused on the basis of maintanance. they refusal reasons as follows-:

You have stated on the application form that your sponsor will be maintaining you and that they have ticked the certificate of sponsor to confirm that they will maintain and accomodate yourself during your first month in the United Kingdom.from the details on the certificate of sponsorship your sponsor has advised that they will not be maintaining you.

her employer forgot to tick the question online that they support her for the first month of stay' but they provided her a letter stating that they will support her for the first month of stay. although she enclosed the letter with the visa application , they still refused it very ruthlessly.

also, on the tier-2 application form there is no such question as stating tick to confirm by the employer .its only says employer has confirmed in the certificate of sponsorship.

dear moderators, can my cousin sister go to court? the refusal letter states no appeal rights as she got leave to remaining. i think it has been refused very unfairely

thanks in advance

[vinny]

her employer forgot to tick the question online that they support her for the first month of stay' but they provided her a letter stating that they will support her for the first month of stay. although she enclosed the letter with the visa application , they still refused it very ruthlessly.

also, on the tier-2 application form there is no such question as stating tick to confirm by the employer .its only says employer has confirmed in the certificate of sponsorship.

Although

If your A-rated sponsor is certifying that it will maintain and accommodate you if necessary for your first month of employment, this must be confirmed on your certificate of sponsorship.

Ask for a reconsideration, if the employer's letter satisfied:

Tier 2 Migrants

5. 10 points will only be awarded if:

(d) the Sponsor is an A rated Sponsor and provides a written undertaking that, should it become necessary, it will maintian and accommodate the migrant up to the end of the first month of his employment. The sponsor may limit the amount of the undertaking but any limit must be at least £800.

If necessary, complain to MP.

[smiles345]

Hi Vinny-Many thanks for the reply. yes, the sponsor is A rated and we have the letter from them. how can we approach the court . any contact details pls? any idea how long it will take ?

many thanks in advance

[vinny]

dear moderators, can my cousin sister go to court? the refusal letter states no appeal rights as she got leave to remaining. i think it has been refused very unfairely

JR may be a legal option.

[mt_dilber]

i believe decision is fair, you should get new COS and reapply.

[vinny]

If the employer's letter satisfied the requirements of the immigration rules, then the refusal is contary to the immigration rules. Unfortunately, if she has leave remaining, then there is no right of appeal. However, there is no harm in writing and asking the UKBA for a reconsideration.

A JR may be expensive and time consuming, with no guarantees of its outcome. Although if she wins, she may try claiming for costs.

Reapplying is another option.

[smiles345]

Vinny- many thanks for your kind replies. the employer hasnt got any certificate left. but they requested additonal certificate but not sure whether it will be granted give the current cap thing.

mt_dilber, would you please tell me why do you think the decision was fair eventhough the employer give the maintanance letter. this tick option online recently added in the SMS. employers used to issue letters to support the maintanance OR the employee maintain a balance.

Vinny, would you pls tell me should we write to the case worker who made the decision Or just to UKBA .

many thanks in advance

[vinny]

Try writing to the caseworker.

[smiles345]

is it worth writing to the case worker?do we need to send passport along with the letter?

thanks

[vinny]

I think that it's worth writing to the caseworker. Point out that the employer's letter meets the requirements of

Tier 2 Migrants

5. 10 points will only be awarded if:

(d) the Sponsor is an A rated Sponsor and provides a written undertaking that, should it become necessary, it will maintian and accommodate the migrant up to the end of the first month of his employment. The sponsor may limit the amount of the undertaking but any limit must be at least £800.

In light of FA and AA (PBS effect of Pankina) Nigeria [2010] UKUT 304 (IAC) (25 August 2010) and other case laws, the immigration rules overrides the guidance.

[mt_dilber]

is it worth writing to the case worker?do we need to send passport along with the letter?

thanks

Page 21 and 22 of policy guidance clearly sate that sponsor ''must'' confirm maintenance in COS. If it is not so i believe condition is not met.
As far as writing to caseworker is concerned, it is common sense that ur case is officially closed and proper way to reopen ur case (if u want to) is JR. I don't think writing to case worker will make any difference as he/she may also suggest the same (Please don't send ur passport, unless they ask u to. it is not wise) Additionally i would suggest that you apply for JR and in the meanwhile if ur sponsor manages to issue new COS, then reapply, in this case u will have two options.
I am not immigration expert other members may think differently but it worth to share things.

[mt_dilber]

Memebr Vinny has mentioned about appendix C of immigration rule, this can be a basic ground for JR.

[smiles345]

thanks for all yr replies. JR can take time doesnt it?

[mt_dilber]

thanks for all yr replies. JR can take time doesnt it?

yes it can. but allocation of new COS will also take time. so go for both and see which one brings positive results first. good luck.

[vinny]

As far as writing to caseworker is concerned, it is common sense that ur case is officially closed and proper way to reopen ur case (if u want to) is JR. I don't think writing to case worker will make any difference as he/she may also suggest the same (Please don't send ur passport, unless they ask u to. it is not wise)

A letter to the caseworker should be sent prior to a JR (Chapter 27 - Judicial review > Section 6). A really good letter may make the caseworker reconsider and overturn the refusal.

[smiles345]

Hi Vinny -Many thanks for your replies and its very informative. would you recommend a good solicitor who can send a good letter? i think the employer accidently ticked 'NO' on the question that they support the migrant during the first month but they provided a letter stating that they will undertake for the first month of the stay. the case worker should have consider that letter.

friends, anybody can kindly give us a format of the letter? thanks in advance.

[vinny]

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