Tier 2 Refusal

Last week my application for Tier 2 was refused on the basis that the job role filled on COS required my hourly rate to be £14.52/ hr while it was £ 12hr.

This was my company solicitor and HR mistake as they did not look at the requirement for the role and sent my application.

I have been given 10 days to make an appeal. I cant file a new application for Tier 2 as company don t have any more COS.

I do qualify for Tier1 but my leave to remain expired last month and to make a new application for Tier 1, i am suppose to have a valid leave to remain.

3 months ago i asked my HR if i could file Tier 1 but they did not let me as they wanted to sponsor my Tier2.

Right now i got 2 options and unfortunatly none of them look bright at all.

1. Appeal for tier 2 refusal?

2. File a new Tier 1 application which will be outside my leave to remain and also a week outside time give to make an appeal.

I understand i dont have good chances to win this case because of someone else's negligence, but would appreciate opinion and views from everyone.

Since Section 3C leave is in force, you cannot make a new leave to remain application.

If you do not appeal within the stipulated 10 days, you will become an overstayer from then on (11th day) and accepting any out-of-time application for leave to remain will be at UKBA's discretion.


regards

sushdmehta wrote:Since Section 3C leave is in force, you cannot make a new leave to remain application.

If you do not appeal within the stipulated 10 days, you will become an overstayer from then on (11th day) and accepting any out-of-time application for leave to remain will be at UKBA's discretion.


regards

1. What if i appeal for tier 2 resfual application and week after i make a new application for tier 1 and simultaneously same day i withdraw an appeal for tier 2, am i still considered overstay?

or

2. If i dont appeal and lodge new application for tier 2 within 10 days of given for appeal?

IMHO,

You can appeal within the 10 days given and try to re-instate the same COS since this COS number has not been used as intended to for continuing your employment.

But your employer will have to address the reason for which you were refused and then you prove it in your appeal. By this I mean, get your employer to formally confirm a correction in your prospective earning to meet the requirements if they have agreed to do so.

Seek some legal advice as well with regards of how to proceed.

Good luck!

Man, they must be thick as sh*t to go for Tier 2 (which needs a RLMT or close adherence to a Code of Practice plus they are very limited on CoS allocation) instead of Tier 1 (which was just a simple renewal).

They've really messed your situation up.