URGENT: PLEASE HELP with query on cancelled COS

[nids101]

Dear Readers,

I was working on Tier 2 general visa and was due for my ILR on 1st November 2017, however, unfortunately I was made redundant (along with many others) due to organisational structural changes and outsourcing. I was only 6 weeks away from my ILR.

I applied for my Tier 2 general visa with a new sponsor 11 months ago on 9th January 2018 using same day service and they returned stating they need to do some further checks, however, the decision is still outstanding on this application as i write this.

Every time I contact HO contact centre, I get a standard email response and HO does not provide any reason/clarity why is it taking so long. I have approached the Local MP of my area and requested them to speak to HO given my circumstance became very hard due to being out of salary for this long.They gave the same reply to local MP with the exact same response that in some cases it takes longer and application remains under consideration.

I do not understand how can HO do this to anyone, it feels like being treated differently, and been mentally very disturbing. if for any reason they are not convinced, they should reject my application.

I have few other job offers willing to sponsor few months ago, however, I was scared to vary my application thinking the clock will reset.

I am now taken legal help, and sent a letter to HO through my legal representative explain the adverse effect of the delays. At this time, I still don't have any updates on my application.

The lawyer brought to my notice, there is a possibility if I vary now (meaning apply using a new CAS through a new sponsor) they may reject my application stating I have been under this category for 6 years and hence not eligible for further leave to remain in this category as maximum allowance is 6 years only. I am not sure what shall I do next? Shall I still take chance and VARY ? or Wait until a decision is made? Will decision be negative / refused as 6 years is over?

Please advise.
Many Thanks for your help and advise.

Best Regards.

[nids101]

Hi,

My employer cancelled the COS was because Tier 2 general visa was refused, however, in admin review HO realised their decision was incorrect and they reverted the refusal. Following the admin review success, I have received a letter asking to pay further additional health surcharges too. Hence, it indicates that the visa may be issued. The catch is, COS has been cancelled, now if my employer issue a NEW COS, will that be accepted by HO for this existing application.

As per my employers understanding, a NEW COS is only issued for a new job and for which RLMT was carried out. However, they are willing to help if there is a way out still.

I was wondering, if the lawyer prepares a cover later stating the situation, and that HO should consider this new COS for my existing application as it was their fault that they refused incorrectly after a very long wait to fulfil the post, which lead to cancellation of COS. My employer waited for decision for nearly 11 months before cancelling the COS.

Please help.

[UKLL]

Hi,

My employer cancelled the COS was because Tier 2 general visa was refused, however, in admin review HO realised their decision was incorrect and they reverted the refusal. Following the admin review success, I have received a letter asking to pay further additional health surcharges too. Hence, it indicates that the visa may be issued. The catch is, COS has been cancelled, now if my employer issue a NEW COS, will that be accepted by HO for this existing application.

As per my employers understanding, a NEW COS is only issued for a new job and for which RLMT was carried out. However, they are willing to help if there is a way out still.

I was wondering, if the lawyer prepares a cover later stating the situation, and that HO should consider this new COS for my existing application as it was their fault that they refused incorrectly after a very long wait to fulfil the post, which lead to cancellation of COS. My employer waited for decision for nearly 11 months before cancelling the COS.

Please help.

The company can issue a new COS straight away, no need for another RLMT. Unfortunately you cannot use a new COS for your current application.

Asking you to pay Health Surcharges does not mean the visa was granted!