Tier 2 change of Sponsor refused

Vanessaigwe · Post by **Vanessaigwe** » Sun Feb 18, 2018 8:22 am

I wanted to change jobs. My current visa will expire in 2020. I applied for to change jobs, my new employer issued a certificate of sponsorship (COS). The home office refused this application. Reason given is that my COS does not show an appropriate labour market test done. All other points were allocated.
I received this letter on the 15/2/2018
The refusal letter was dated 10/2/18
My potential start date in the COS was 5/3/2018

In addition to being refused a change in sponsorship, they didn't return my current BRP, even though the refusal letter states that it is included in the package.
Also they mentioned in the letter that I cannot continue to work for my current employer, even though my current residency permit is still valid till 2020.
I tried to call home office and was not given any valid response. I asked my current employer and they haven't cancelled my sponsorship and they still have a valid license to sponsor.
Now Home office has withheld my current BRP and is saying I cannot continue working for my current employer.
They suggested an administrative review, but I don't want to take that process since I may be out of job while waiting for the outcome of this review.

My questions are as follows.
Is the home office able to withhold my current BRP even though it is still valid?

How do I get my current BRP back from the home office?

Can I still apply for another tier 2 visa While in the UK without a BRP as it was part of the documents to submit?

Can I also apply for another tier 2 visa with an entirely different sponsor?

How soon can I do this application? I am still within the 14 days they gave for an administrative review?

What errors do I need to look out for when I am issued a new certificate of sponsorship since apparently candidates need to cross check what prospective employers have done.

UKLL · Post by **UKLL** » Sun Feb 18, 2018 1:04 pm

Vanessaigwe wrote: ↑
Sun Feb 18, 2018 8:22 am
I wanted to change jobs. My current visa will expire in 2020. I applied for to change jobs, my new employer issued a certificate of sponsorship (COS). The home office refused this application. Reason given is that my COS does not show an appropriate labour market test done. All other points were allocated.
I received this letter on the 15/2/2018
The refusal letter was dated 10/2/18
My potential start date in the COS was 5/3/2018

In addition to being refused a change in sponsorship, they didn't return my current BRP, even though the refusal letter states that it is included in the package.
Also they mentioned in the letter that I cannot continue to work for my current employer, even though my current residency permit is still valid till 2020.
I tried to call home office and was not given any valid response. I asked my current employer and they haven't cancelled my sponsorship and they still have a valid license to sponsor.
Now Home office has withheld my current BRP and is saying I cannot continue working for my current employer.
They suggested an administrative review, but I don't want to take that process since I may be out of job while waiting for the outcome of this review.

My questions are as follows.
Is the home office able to withhold my current BRP even though it is still valid?
I don't think they can withhold your BRP and it is bizarre that they say you cannot continue to work for your current sponsor. What exactly did they say in the letter? My Change of Employer application was refused but they returned my BRP and said my old BRP remains the same.

How do I get my current BRP back from the home office?
I don't know

Can I still apply for another tier 2 visa While in the UK without a BRP as it was part of the documents to submit?
I don't think so

Can I also apply for another tier 2 visa with an entirely different sponsor?
Yes

How soon can I do this application? I am still within the 14 days they gave for an administrative review?

What errors do I need to look out for when I am issued a new certificate of sponsorship since apparently candidates need to cross check what prospective employers have done.
Familiarise yourself with the Tier 2 Guideline.

Vanessaigwe · Post by **Vanessaigwe** » Sun Feb 18, 2018 3:56 pm

They specifically said that since I have been issued another COS by another company, that means I am saying that I no longer wish to work for my current employer. So I can't work for my current employer neither can I work for my prospective employer.

In another paragraph they said that they have included my passport and BRP submitted, yet my BRP was not included in pack sent.

Everyone I spoke to said it is wrong.

UKLL · Post by **UKLL** » Sun Feb 18, 2018 4:11 pm

Vanessaigwe wrote: ↑
Sun Feb 18, 2018 3:56 pm
They specifically said that since I have been issued another COS by another company, that means I am saying that I no longer wish to work for my current employer. So I can't work for my current employer neither can I work for my prospective employer.

In another paragraph they said that they have included my passport and BRP submitted, yet my BRP was not included in pack sent.

Everyone I spoke to said it is wrong.

I don't think that should be the case!

Vanessaigwe · Post by **Vanessaigwe** » Sun Feb 18, 2018 5:41 pm

Thank you for your replies. I am in the UK. How do I make another application without my BRP card from the UK or do I need to go back to my home country to do another application?