Dear all,
I am currently working as a doctor holding a tier 2 visa in the UK which will expire in 2017. I received a job offer for a specialist registrar which has undergone labour market testing.
I went back to Malaysia for a holiday and decided to apply for a new tier 2 visa from Malaysia with my certificate of sponsorship from Health Education England. Unfortunately I have been refused entry clearance on the basis of Paragraph 77D of Appendix A, only the following COS are valid in support of an application for entry clearance under Tier 2 General.
-Tier 2 (general-new hires-restricted)
-Tier 2 (general-New Hires-High earners over 155,300 pounds)
I have written to Health education England and they have replied as below.
As you currently hold a Tier 2 visa to work in the UK, the CoS that you were issued is correct, however, you can only apply for within the UK. Please review the following link: https://www.gov.uk/tier-2-general
The Home Office have looked into your case and they have stated you have applied outside of the UK which is not permitted. Therefore unfortunately your application was declined.
Please can you let us know whether you are now back in the UK or whether you are still outside of the UK.
Unfortunately we cannot issue a new COS as you have a refusal tier 2 leave to remain application and your current employer would have started the curtailment of your current visa.
I strongly advice that you gain immigration advice immediately regarding your situation as we will not be in a position where we can issue you a new COS as the RLMT date has expired.
I would like to ask if my COS is still valid, and would I be able to go back to the UK (using my still valid UK visa) to reapply from within the UK?
Should I asked for an administrative review of my application instead.
Please help!!!
Many thanks.
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