Help! Refusal of Change of Employment Tier 2

[karenlee]

Hello,

I applied for Tier 2 change of employment (new sponsor) on August 5th, just received the refusal letter. I have no interest in making administrative review as I don't think it will amount to much.

My question is, I still have my current job which gave me a leave to remain until June 2017, I didn't quit my job or inform them that I applied for a change of employment sponsor; (just in case) this visa didn't work out.

Does this mean that I can just proceed normally in the country with my current job which gives me leave to remain until June 2017? Or has this new application overridden my old application?

The reason that I'm asking is because the letter I received was quite scary, it included an enforcement warning, but I'm assuming this happens automatically with any rejected application.

They've returned my BRP to me and in the letter it states 'If you do not apply for administrative review and do not have any other legal basis to remain in the UK, you may have to leave the country'

But technically, I DO have a legal basis to remain which is my current job, right?

Please comfort me on this issue as I'm extremely worried. Also, who could I contact to ensure that my paperwork is fine and that I do not plan on applying for admin review?

Thanks,

[manci]

As you have valid leave (your "legal basis" to stay) you can continue with your present employment as if you hadn't made the change of employment application. The possibility to request an administrative review lapses automatically if you don't make one.

[karenlee]

Thanks Manci for your reply.

So, this enrollment warning that came with it was probably just generic, in the case that I don't have another 'legal basis' to stay. But in this case, do I need to call anyone to make sure I still have entry clearance or so on?

Also, they haven't returned my police registration which has had all my updates since I came in the country, did they just forget to return it or do I need to make a new one? If they've forgotten, where can I contact to request it?

Thank you so much, as I was feeling really worried.

[manci]

You have valid leave unless UKVI curtail it - no need to do anything. As an additional reassurance - if you didn't have extant leave they wouldn't have returned your passport.

btw - what was the reason for the refusal?

Write to the address the refusal came from requesting the return of your police registration certificate (hopefully you have kept a copy)

[karenlee]

Hey Manci,

The reason for the refusal is that the company put me for a role that is NQF 4, instead of NQF 6 or above...even though its a technical IT role that they can pick an SOC for in NQF 6 or above...but they picked a wrong SOC in an NQF 4 role.

Hence, my sponsorship points were a 0 out of 30.

I'm assuming that if this were to get corrected, we would have to file a new application and start the whole process again, correct? As this is not something that can be fixed with an administrative review.

Also, for my IHS, that should get refunded automatically, right?

I've kept the letter so I will send them post requesting my police registration, crazy how there's no email/fax/phone number to contact them by.

Thank you so much again.

[manci]

Hey Manci,

The reason for the refusal is that the company put me for a role that is NQF 4, instead of NQF 6 or above...even though its a technical IT role that they can pick an SOC for in NQF 6 or above...but they picked a wrong SOC in an NQF 4 role.

Hence, my sponsorship points were a 0 out of 30.

I'm assuming that if this were to get corrected, we would have to file a new application and start the whole process again, correct? As this is not something that can be fixed with an administrative review.
correct, new CoS and new application will be required

Also, for my IHS, that should get refunded automatically, right?
hopefully

I've kept the letter so I will send them post requesting my police registration, crazy how there's no email/fax/phone number to contact them by.
if you know the name of the caseworker the email address is:
firstname.surname @homeoffice.gsi.gov.uk

Thank you so much again.