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Tier 2 change of employer visa refused due to incorrect RLMT

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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asjakkas2
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India

Tier 2 change of employer visa refused due to incorrect RLMT

Post by asjakkas2 » Sun Jan 29, 2017 3:02 pm

Hello friends
I need urgent help about my refusal of tier 2 general visa for change of employer, UKVI refused my visa giving reason that my new employer have not done RLMT correctly, The RLMT they have done is more than 6 months old from date of COS they have assigned to me. so they have refused my visa and also said that I can not continue to work for my current employer
I want to know that
1. can I make new application using new COS as my new employer is happy to produce new COS with correct RLMT.
2. can I continue to work with my current employer if I am making new application
please guide me urgently as I need to decide ASAP.
many thanks in advance

asjakkas2
Junior Member
Posts: 56
Joined: Wed Dec 28, 2016 8:09 pm
India

Re: Tier 2 change of employer visa refused due to incorrect

Post by asjakkas2 » Sun Jan 29, 2017 5:13 pm

hello friends any one there to guide me with my above query, please do if you came across any such a situation because its very urgent. I have only 9 days left to decide.

manci
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Re: Tier 2 change of employer visa refused due to incorrect

Post by manci » Mon Jan 30, 2017 8:37 am

what is/was the end date of your sponsorship with the current employer?
when does/did your visa expire?
when did you make your application for the new visa (which was refused)?
what is the date of the refusal?

asjakkas2
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Posts: 56
Joined: Wed Dec 28, 2016 8:09 pm
India

Re: Tier 2 change of employer visa refused due to incorrect

Post by asjakkas2 » Mon Jan 30, 2017 8:55 am

Hi thanks for taking time
my current visa expires in dec-2018, and was issued last year dec-2015,
I applied 6 week ago 17 Dec-2016
I got refusal letter dated on 25/01/17

manci
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Re: Tier 2 change of employer visa refused due to incorrect

Post by manci » Mon Jan 30, 2017 9:51 am

asjakkas2 wrote: UKVI .... also said that I can not continue to work for my current employer
What is the exact wording of the refusal?

Have you given notice to the current employer and, if so, have they ended the sponsorship?

asjakkas2
Junior Member
Posts: 56
Joined: Wed Dec 28, 2016 8:09 pm
India

Re: Tier 2 change of employer visa refused due to incorrect

Post by asjakkas2 » Mon Jan 30, 2017 10:46 am

The exact words are
"Although your certificate of sponsorship indicates that your sponsor advertised the job you wish to undertake through jobcentre plus/job centre online/Universal job match, and they did include the vacancy reference number, they have indicated that this was done on the 18th march 2016. your certificate of sponsership was not assigned until 15 December 2016 which is more than 6 months later.
we have therefor been unable to award points for sponsorship. "
To correct myself actually UKVI did not exaclty said " you cannot continue to work for my current employer" but what they have mentioned is "you were last granted leave to work as a xxx under standard occupational classification code 2221 for xxxx company but you have applied to work as a xxxx under standard occupational classifcation code 2221 for xxxx company. Therefore, you will not continue to do same job you were doing or intending to do when last granted leave.

yes i have given notice to current employer but I am not sure if they have cancelled my sponsership.

prashanthphp
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Re: Tier 2 change of employer visa refused due to incorrect

Post by prashanthphp » Mon Jan 30, 2017 10:54 am

Did they took back your BRP and passport?

asjakkas2
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Posts: 56
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India

Re: Tier 2 change of employer visa refused due to incorrect

Post by asjakkas2 » Mon Jan 30, 2017 11:04 am

no they send me back my Passport and BR through post and given 15 days for AR and also said that you will get further notice if do not go for AR or do not apply in another capacity.
Here is exact word from UKVI
"you do not have to leave the UK during the time period in which you may apply for AR, if you apply for AR you do not need to leave the UK untill we decide your application. If you do not apply for AR or extend your leave to remain on another basis, you will soon be given futher notice that you must leave the UK."

prashanthphp
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Re: Tier 2 change of employer visa refused due to incorrect

Post by prashanthphp » Mon Jan 30, 2017 11:26 am

Has these all mentioned in the letter

asjakkas2
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Re: Tier 2 change of employer visa refused due to incorrect

Post by asjakkas2 » Mon Jan 30, 2017 11:28 am

yes it is mentioned in letter

asjakkas2
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Re: Tier 2 change of employer visa refused due to incorrect

Post by asjakkas2 » Mon Jan 30, 2017 11:48 am

hello prashanthphp any suggestions

prashanthphp
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Re: Tier 2 change of employer visa refused due to incorrect

Post by prashanthphp » Mon Jan 30, 2017 12:04 pm

sorry I haven't got any suggestions. I am worried as well.

Check this http://www.immigrationboards.com/uk-tie ... 24217.html

But none of these were told or mentioned in my refusal letter. Even I have travelled to India and returned after one month of my refusal and also AR period was over. At the border, they asked me to sit down and checked my entire file and finally let me in. It took about an hour.

But 2 days back I got a letter from AR to leave the country As I have not applied AR.

I've asked my solicitor to work on procedure of removing my notice.

manci
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Re: Tier 2 change of employer visa refused due to incorrect

Post by manci » Mon Jan 30, 2017 12:20 pm

Whether you can continue working depends on whether you still have sponsorship. Check with your employer,

If your sponsorship has been withdrawn your visa will be curtailed to 60 days. If the prospective new sponsor successfully carries out a new RLMT, and provided you are assigned a new CoS while you still have leave, you will be able to apply for a new visa. However, you are not allowed to work during the curtailment period.

It is not clear why UKVI want to remove you from the UK. This may have been an error, see Frontier Mole's post in the link given above. Also, your solicitor should be able to advise.

manci
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Re: Tier 2 change of employer visa refused due to incorrect

Post by manci » Mon Jan 30, 2017 2:58 pm

Another indication that the note in the letter about removal may have been an error is the fact that your passport and BRP have been returned to you.

prashanthphp
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Re: Tier 2 change of employer visa refused due to incorrect

Post by prashanthphp » Mon Jan 30, 2017 3:05 pm

Thank you @manci for your valuable reply. I thought the same but was worried when this post was created by different person with similar issue

gokmev
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Re: Tier 2 change of employer visa refused due to incorrect

Post by gokmev » Sun Feb 19, 2017 5:25 pm

Hello Asjakkas,

Have you been able to sort this issue? Could you keep us posted for the benefit of people who experience the same, please?

Thanks

asjakkas2
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Posts: 56
Joined: Wed Dec 28, 2016 8:09 pm
India

Re: Tier 2 change of employer visa refused due to incorrect

Post by asjakkas2 » Thu Mar 16, 2017 11:54 am

Hello everyone,
I am waiting for new COS from my employer now.
As My current employer had not cancelled my sponsorship, I was legally eligible to stay in UK and apply for visa again.

rubyracer2
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India

Re: Tier 2 change of employer visa refused due to incorrect

Post by rubyracer2 » Thu Mar 16, 2017 12:32 pm

Therefore, you will not continue to do same job you were doing or intending to do when last granted leave.
This is standard wording which means you will apply for a leave application under a fresh SoC code. It does not mean your current visa is voided

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