Visa Refusal - Tier 2 Genaral

Hi there,
I have recently received a letter of refusal of entry clearance for the tier 2 visa. I was basically offered a postdoc research job in one of the UK universities and this university basically provided me all the documents.
The reason for the refusal is that the entry clearance office was unable to verify my IELTS test score through the UKVI immigration online system. I took this IELTS test from Brisbane, Australia. I was basically required this IELTS since my PhD degree was not awarded during the time I applied for the UK tier 2 visa. Since the officer was unable to verify my IELTS, therefore he/she simply refuse the test. But I have a valid test score and checked with organization through which I sat for the IELTS at the ICTE, Brisbane, Australia. I am not sure how did the officer check the test score but I can still see my test score on the IELTS.ORG by simply putting my DOB & passport number. Even, I checked with the institute which conducted the IELTS test and they also found that my IELTS is valid. Does anyone know if my IELTS is not valid by the immigration system, will my case be refused after the review? Do I need to restart the whole application procedure again?

Many thanks.

Sam

Hi uqhchow1

Are you sure you gave the correct IELTS required for UK visa? Its a different category named as "IELTS for UKVI" and your IELTS TRF will also contain an UKVI number. Also, "IELTS for UKVI" results cannot be viewed online - they only dispatch the hard copy.

Hi a2$h,

Thanks a lot for your reply. My sponsor, basically people from the HR department, did not mention any specific type of IELTS I will need to sit for, but they just told me to sit for the IELTS test. Which is why I thought any IELTS type would be okay for the UKVI. But now I got to know that there is an specific test for the UKVI. Thanks for letting me know about this.

Since I have an option for administrative review, do you suggest me how to proceed with it so that the decision is overturned? Or please suggest me something so that my review becomes successful.

Waiting for your response.

Many thanks.

AR is for people who think UKVI made a mistake during the judgement.
Do u think they made a mistake or you made a mistake of not reading the guidance before applying

I have made the similar mistake. Can you please guide me what action should I take in order to use my existing COS as it will be expired on 1st September and I got IELTs UKVI test date on 19th August. Is there any way if my employer can extend the COS Expiry date.

If u have been refused, then the COS has been "used", and therefore needs a new COS to reapply ... i stand corrected

Never understood their logic for a new COS

hi

can you post what happened? i am assuming your PhD was from Australia. Arent you exempt from IELTS if the Masters or PhD is from an english speaking country?

Hello Sam,

I have a similar experience (being refused) while applying a Tier 2 visa for an UK academic position. To claim the 10 point for knowledge of English (through english test), you need to go for an IELTS for UKVI version. This IELTS is specific for visa application.

Hello mmicky5050,

If Sam wishes to claim point (though degree taught in english), his degree (bachelor/master/phd) will need to go through an assessment at UK NARIC. The assessment has two part: (1) to prove the degree is equivalent to a UK degree; (2) to prove the degree is taught with the English proficiency at B1. Even if Sam's degree is from Aus, his degree still needs to submit to UK NARIC for the point (1) assessment.

Wish you good luck with the application. So does mine...haha

Thanks Sech for the reply. I went through the NARIC website. My MA is from UK but PhD from US. Can I use the UK masters to claim the 10 points? if yes, do i still need to go through NARIC?

do degree copies need to be notarized too?

Hello mmicky5050,

English proficiency is presumed coz your degree is taught in an English speaking country (except Canada) and your degree is from UK (if it is from other countries, such as U.S., you have to go through the assessment to show it is equivalent to a UK standard degree). So..I believe that UK NARIC assessment is unnecessary for your UK master degree.

You can refer to this document for more details PART 6: POINTS AVAILABLE FOR ENGLISH LANGUAGE SKILLS: https://www.gov.uk/government/uploads/s ... _04_17.pdf

If you are a national of a majority English speaking country, you can also claim the point for English ability.

I submit the original document + photocopies via the visa center. The staff simply scanned all my original document and returned the original copies to me. The guideline indicates that graduate certificate/transcript is a must to prove your degree taught in English. You need a letter of the medium of instruction + letter from UK NARIC if your degree is not taught in an English speaking country.

Good luck to us.

Thanks Sech. I appreciate the detailed reply. Good luck. Keep us informed. When you say staff, are those the folks at VFS? also, is it worth it to chose permium service?

mmicky5050 wrote:Thanks Sech. I appreciate the detailed reply. Good luck. Keep us informed. When you say staff, are those the folks at VFS? also, is it worth it to chose permium service?

Hi micky,

I believe that you and I will be more familiar with the guideline than those folks at the VFS. Do read the guideline in details and several times. Ask your friends/employers if you have doubt towards the interpretation of the rules. Do not take things in granted. Devils in the details.

For your information, I did not pay for the premium service. That's make the wait so long lol.

Thanks Sech I agree. are you going for a postdoctoral position?

i am still waiting for the CoS. I was under the impression the University will handle everything just like the US. What documents did you submit? is it possible to please post a list?

mmicky5050 wrote:Thanks Sech I agree. are you going for a postdoctoral position?

i am still waiting for the CoS. I was under the impression the University will handle everything just like the US. What documents did you submit? is it possible to please post a list?

I got an offer as a lecturer in a university (Job code 2311 in the COS). Your university/HR should have already submitted a Restricted COS application to the home office at the end of July. You should be able to get the RCOS in mid-August.

I am not sure if your university will take care/advise your visa application, normally, their work is simply to apply a COS on behalf of you, unlike universities in the US that will handle everything. Certainly, the HR department can give you some advice, but they will also ask to you seek formal consultancy service if you are in need. It really depends on the practice/culture/helpfulness of the HR department.

I am not sure if I submitted sufficient documents for the visa application, I am getting very nervous after the first refusal. The list I shared below will only serve as a reference to you, and I encourage you to clarify requirement with the HR or other official sources.

Here are the materials I have submitted:
1. Visa application form (printed); triple check the information you filled
2. Passport & ID; there should be some blank page for the visa
3. TB test certificate; check if you need it
4. Undergraduate degree certificate, official transcript, letter of medium of instruction and UK NARIC assessment letters (to show my english ability - 10 points)
5. My employment contract (to show my salary is appropriate - 20 points)
6. The COS document (a valid COS - 30 points, to show the maintenance is certified - 10 points, although the officer should be able to retrieve this information from their internal system)

You need to score points in all these aspects for entry clearance. If you are working with vulnerable people, you also need an overseas criminal record (check the job code on your COS with the list in the Tier 2 guideline, page 22; the HR should also inform you when they issue you the COS).

I will keep you posted regarding my visa application result. Hope it helps. Good luck!

Thank you Sech. That was very helpful. I appreciate it.

Did you hire a lawyer too? Any point submitting a CV and copies of publications? I have degrees from 3 continents, and all 3 in completely different fields. The MA from UK should satisfy english language requirements but I am not sure if I should go for NARIC comparison for my US PhD. The University asked my referees to mail signed references on University letterheads in addition to degree copies. The referees had already emailed references before but now HR needs signed paper copies too. Did you go through that?

I feel like venting this frustration to the Royal society of London. Their current President, XXXXXX is an Indian scientist and its shameful there are no fast tracks for scientists. America had special H1B visas for scientists with no caps, faster track to greencards especially for scientists, etc. UK's system is just so disappointing.

mmicky5050 wrote:I feel like venting this frustration to the Royal society of London. Their current President, XXXXXX is an Indian scientist and its shameful there are no fast tracks for scientists. America had special H1B visas for scientists with no caps, faster track to greencards especially for scientists, etc. UK's system is just so disappointing.

Kindly refrain from naming people on the forum.

Sure Cr001. my apologies, although the said person is a nobel laureate and a public figure and its part of the Royal Society's mandate to facilitate scientist immigration. The issue has been discussed in Nature for instance and former presidents have argued that they fought to bring 1000 Tier 1 visas for scientists. While thats true, their own figures show only 50 of those 1000 visas were utilized last year. Sech you might qualify for one but I being a junior scientist don't.

mmicky5050 wrote:Sure Cr001. my apologies, although the said person is a nobel laureate and a public figure and its part of the Royal Society's mandate to facilitate scientist immigration.

Noted, but unless the person has given permission for their name to be used/stated publicly on a very public immigration forum based in Latvia and frequently visited by spammers and scammers, please don't post it as it will come up in a Google search and we have had legal issues with situations such as this in the past.

awww got it. Thanks

Hello micky,

The online application will only have the space to enter information of ONE degree, so you should submit the one you feel most confident. You may ask the university that awarded your MA degree and check if it is recognized by UK NARIC.

I am not sure the HR's purpose of asking signed paper copies, as organizational practice varies. In my case, the HR only requested electronic reference letters, perhaps a scanned letter with the University letterhead, from my referees to confirm my appointment. I did not submit my CV/copies of publications/referee letter in my visa application. I did not hire any lawyer.

I concur with your point that the visa application for academic position is a bit frustrating. It will be ridiculous if the university appoints someone who cant speak English as a lecturer, right lol? Even if your degree is awarded by Standford, you still need to submit it to UK NARIC for assessment, to make sure that it is equivalent to a UK degree. That's the game.

In my case, I need to do a brand new application including applying for a new RCOS after my application was refused. Each process took me more than 2 months and brought troubles to a lot of parties. Anyway, we are the one who wishes to enter and work in the UK, so we have to follow the rules they set.

Wish you good luck in the visa application.

mmicky5050 wrote:Thank you Sech. That was very helpful. I appreciate it.

Did you hire a lawyer too? Any point submitting a CV and copies of publications? I have degrees from 3 continents, and all 3 in completely different fields. The MA from UK should satisfy english language requirements but I am not sure if I should go for NARIC comparison for my US PhD. The University asked my referees to mail signed references on University letterheads in addition to degree copies. The referees had already emailed references before but now HR needs signed paper copies too. Did you go through that?

I feel like venting this frustration to the Royal society of London. Their current President, XXXXXX is an Indian scientist and its shameful there are no fast tracks for scientists. America had special H1B visas for scientists with no caps, faster track to greencards especially for scientists, etc. UK's system is just so disappointing.

Thanks Sech. I appreciate it. Good luck. Lets hope we both succeed.

Sech, one more question.

You might have mentioned that the Cos will take 2-3 weeks to be issued. or does it vary from HR to HR? My department set the start date as Sept 1. Is that too soon given I haven't received the CoS yet?

Thanks much

Hello micky,

I shall make it clear regarding the issue of CoS. Here is the process:

1. The HR department submits a Restricted COS application on behalf of you to the home office.
2. COS applications are considered on the first working day after the 10th day of the month. If the HR department apply after the 5th day of the month, then your application will be held until the next month’s allocation date.
3. The decision will be made in the middle of the month and the HR will send the COS (a pdf file) to you. You will be able to find your COS number, the COS period, and the maintenance information on the file.

In your case, I believe that the HR has already submitted the application, so you will get the COS number in the middle of August. After getting the number, you can submit your visa application and make an appointment to the visa center. The standard processing time for Tier 2 is 15 working days. 2-3 additional days may be required for delivery. You can pay for the priority service if you wish to have the decision earlier. This service is paid at the visa center in cash.

So, at this moment, you can start filling the online application form, and collect all necessary documents in advance. Once you get the number, you can complete the form and make the appointment. Normally, you can't make an appointment the day right after you have submitted the application. Summer is also a peak season as many students will apply for the study visa to UK. There should be "walk in" service for the visa, but it depends on the availability of the center.

You may wish to communicate with the HR to check if the arrival date is realistic.

Hi @sech and @mmicky5050,

I am pretty much in a similar position as you, sech. I just submitted my application on 25th August for SOC 2311 as well. I also submitted the EXACT same documents as you did but without my contract of employment. My salary is stated in the CoS and I hope that should be self-explanatory? I know there's nothing I can do now considering that I have submitted it but I guess I am asking for a better sleep at night?

I heard the processing time around this time of the year is very long and I am anxious about it. When did you submit your application and did you use priority visa?
Please do share your news or updates. Hope we all receive good news in due time.

Hello wen3,

The processing time is very long around this time of the year.

I submitted my visa on 26July at the center and found the decision made on 18August using the online tracking system. I did not use the priority service. The passport will be delivered within 10 working days after a decision is made. I am still waiting for my passport to arrive at the HK center atm.

Take care and good luck to your application.