Tier 2 ( General) Application Refused

Dear Members,

I have recently made an Application on Tier 2( general) switching from Tier 4 (general) to Tier 2 and on the 13th of july,2015 I have been refused by Home Office.

Reason for refusal:
1. As you do not qualify for exemption to switch from Tier 4(General) into Tier 2 (general), your sponsor is required to conduct a Resident Labour Market Test that is appropriate to the job you wish to undertake, as defined under Appendix A of the Immigration Rules.
2. Appendix A and the code of practice state that the job you wish to undertake should have been advertise in the jobcentre plus , jobcentre online or Universal online job match and the vacancy has to have a valid vacancy referencen number.

My scenario:

I came to UK 5th August, 2007 as a student and I have extened my visa 14th October, 2011 under
Tier 4(general) and I have extended my studen visa several times under tier 4( general). I have finished my undergraduate 2014 and I went to do level 7 course in a private funded college and my visa was valid till 30th August, 2015. In the mean time my college licence was revoked and I had been given 60 days letter which was till 10th Aprl, 2015.
Then I have made an application under tier 2( general) on the 8th April,2015 with company’s job offer letter while they were awating CoS allocation. After couple of weeks later they were unable to provid eme CoS . In the mean time I have had a job offer from another employer and I have applied through reed.co.uk and they have issued me the CoS while I was waiting for the biometric letter and I have sent out the CoS to the Home Office with variation cover letter regarding the company switch before I had given any decision.
Also my employer have clearly mentioned in the CoS where I have applied the job and job reference number. As I was switching from tier 4 to tier 2 I was exempted form RLMT because while I was doing my variation my application was with home office and no decision was give till I have done my biometric after the variation.

I have never been refused before neither been overstayed.
I have also attched part of the refusal letter and I would kindly request to all the members to have a look at it and please help me with your suggestions and advice which will be much appreciated.

Have you met all the requirements in paras 16, 17 and 101 of the T2 policy guidance?
https://www.gov.uk/government/uploads/s ... 4_2015.pdf

it is difficult to comment without seeing all the documents incl. the refusal letter (which wasn't attached to your post).

Suggest that you seek professional advice or, if you are convinced that the application should have been granted, ask for an administrative review within 14 days of receiving the refusal (provided this option was mentioned in the refusal letter).

Hi Manci

many thanks for your reply

Yes i have met all the criteria including paragraph 16,17 and 101

as I have finished Uk bachelor degree and and this is the first time I was switching from Tier4(General)into Tier 2(General).

All I did applied before my visa cutailment date and changed employer before even getting biometric letter

because the first company I have applied they were getting late to get the CoS allocation and in the mean time I had a job offer from another company and they issued me CoS letter and I have send with the new employer CoS and after that I have done my biometric.

between the changing of employer my application was with home office .

So My question is between this time will I be treated as Tier 4( general) student as I had not been given any decision neither I have given my biometric?

I am trying to attach the refusal letter but some reason its not attaching.

your advice will be much appreciated

kind regards

You applied for T2G leave before your T4 leave expired therefore under section 3C of the Immigration Act 1971 the T4 leave continued until the decision date of your T2G application, Provided you satisfied all the requirements (see the references to the policy guidance above) you should have been exempt from the RLMT when switching to T2G.

Applications can be varied before the date of the decision.

Assuming the refusal letter mentioned the possibility of asking for an AR, you have 14 days from the refusal decision to lodge one.

Did UKVI explain why they thought that you didn't qualify for the RLMT exemption?

Hi
Manci

Many many thanks for your kind reply and I really appreciate for your time

Yes they have gave AR and I will lodge early next week hopefully

They have not mentioned any reason why I should not be exempted from RMLT

also they sed that it was not a genuine vacancy because the employer did not advertise the job

but my employer did advertise on reed.co.uk for 28 days I have applied through that and with valid vacancy reference number and my employer has mentioned that in the CoS as well.

So what do you think the outcome would be?

kind reply will be much appreciated

many thanks

regards

Hi Rawshan,
As per the summary you have given, it seems that you have meet the required criteria for tier 2. However, the refusal is a shocker.I've varied my application same as your case & still waiting for a decision. Do update on the forum once you lodge your AR. Stay calm. Wish you luck.

Hi aangell

Many thanks for your reply

Wish you a very good luck for your matter as well.

I have done my degree 2014 April and went to a college with a new tier 4 visa and the college has revoked and my valid leave was limited till 10th April.

What do you think do they accept my previous degree as I have finished level due to college revoked.

As I have not finished the cours with new college.

Many suggestions or thoughts will be much appreciated

Many thanks again
Regards

Hi Rawshan,
I'm not an expert to comment on your issue. On general rules as long as you have a UK degree (present & previous courses) & have had a continuous leave under tier 4, you should be exempted from RLMT. The main reason for your refusal seems to be the issue with vacancy genuineness & RLMT conduction. Do consult your sponsor before lodging your AR.
Regards.

Hi,

In the appeal letter, clearly mention all the following points with right english

1. I am exempt from RLMT and provide your visa history with Home Office guidance refefences
2. Though I am exempt from RLMT, my company had this job advertised in reeds.co.uk and attached are the advertisement snapshots and references (Attache the snapshot of the advertisement)

That is all, they will review and grand your visa.

If they still reject your visa, you are fully eligible to appeal in the court and court cant deny your visa.

Hope this helps

Hi rajan1984

Many thanks for your reply

So do you think shall I go to a solicitor and get the Administrative review?

Many thank again

Regards

Its up to you.

1. You can do a administration review on your own with all these details clearly on an appeal on your own
2. Or go via OISC certified Solicitor and appeal.

It purely up to you.

Hi rajan1984

Many thanks for you kind reply

I would kindly requst few more details regarding genuine vacancy.

Home office saying that the vacancy I have applied is only tailored for me.

They thinks it is not a genuine vacancy.

So in relation to that what we have to provide to prove that the vacancy is genuine?

Kind reply would be much appreciated

Many thanks

Regards

Rawshan

Hi,
Rawshan.
Have you filed your AR, do update the proceedings on this forum, it should be helpful for those who have the same situation.

Regards.

Hi

Many thanks

yes I have lodge the AR review

and I will let you guys know if I get any results

many thanks

regards

Hi

Many thanks

yes I have lodge the AR review

and I will let you guys know if I get any results

many thanks

regards

Dear Members,
Good evening. I have received decision from my admin review and unfortunately I have been refused again. Well they have partly accepted our arguments. They have backed down on the exemption point and now clearly accept that the post did not need to be advertised. They have, however, maintained the genuineness argument. They have given the further argument that they were not aware of my work experience when they made the decision.
I have attached part of the decision with this post,
Your kind reply and suggestions will be much appreciated.
Kind regards

hello Rawsan,

Do you think your solicitors good bcoz my friend got refused for same reason and i am going to apply soon.
Please e-mail me at personal contact details removed.

Hello

Its seems so unfortunate that they think job vacancy is made up just for you.

I am so scared that i am getting my tier 2 decision letter tomorrow. Seems that i will have same story as yours.

I am not an expert but looking at following extract, should not UKVI ask for additional evidence before refusing an application?


Page 30 of Tier 2 Guidance Document

"113. When applying for entry clearance or leave to remain, we must be satisfied that you are
being sponsored to undertake a genuine vacancy and are capable of undertaking, the role
for which your Certificate of Sponsorship was assigned. The requirements of the job must be
reasonable and not have been tailored to exclude resident workers from being recruited.
In order to assess this, we may request additional information and evidence from you or your
sponsor, and refuse your application if the information or evidence is not provided. Any
requested documents must be received by us at the address specified in the request within 28 calendar days of the date the request is posted"

I think the keyword here is "may". If UKVI is convinced, they may reject it without asking for additional documentation.

hi arif
i am faceing same problem with homehoffice

do u have any update regarding application? what have u done after admin review?
please let me know, that might help for my application.


regards
sham

Hi All,

I received a simple caution in August 2013 (my last visit to U.K.) for shoplifting.(Don't want to elaborate what exactly happened but that was by mistake). Please advise whether I need to declare the same in my visa application form?

All- Still please advise

There are the guidelines of home office-
Please note that a caution is not a conviction. It is an out of court disposal which is recorded on an individual’s criminal record. Since it is not a conviction the applicant should not be refused under paragraph 320(7A) if they fail to declare it on the application form.

We applied for tier 2 general visa in India (Delhi) and below questions were asked during our interview

- how many people work for the company
- how did you apply for your initial job
- tell me details of the labor test
- does your company director like the work you do
- and whether they expecting you back

got rejected because told that the company is trying to bring me back , so they were not happy and thought the labor test was done name sake. also the entry clearance officer was like you are still in continuous employment with the company, so they are desperate to bring you back