Tier 2 entry clearance refused, need for advice

[farino]

Hi,

I was supposed to start as a potdoc on an EPSRc grant with the starting
date of October 1st. So I applied for a Tier 2 Visa. The university
have asked me to be present for the first day of work or as soon as
possible , in order to show them all the papers, including the entry clearance, and for them to be
able to pay me the first month. After presenting all my documents to
the Uk Embassy in Paris, my visa was not given because my TOEFL
certficate was a printout from the offical TOEFL site, in place of a
physical letter that had not arrived in time. However, I explcitly
asked the person that was gathering my papers, if it was ok with that
printout form as a proof of my Englsih level, otherwise, I would
prefer to wait for the arrival to the phycal letter, but risking not
be paid the first month. He said that it was ok, so I trusted him and
let him gater my papers and collect my biometric data.

in the second round, paying again 340 euros for the second time, and
with the original TOEFl letter, I was refused on the grounds that the
work certificate was automatically invalidares after the first refusal
and that now I need a new sponsorship certificate. But after talking to the University, it seems that for them it will be almost impossible to get a new CoS, since this year they have only a limited amount of them.

Any advice that you can give I would really appreciate it, since now I
am in a difficult situation where I have spent a lot of money, and
with no guarantee to have this job.

Do you think an Administrative Review can be won ?

Thanks a lot in advance.

[The Station Agent]

You could (and should) argue that the CoS from your employer should not have been activated / cancelled after the first application. Your first app failed on a technicality - it is a disgrace that consulates are then treating the CoS as "used", especially because it takes AGES for sponsors to even get a new allocation, let alone issue you a replacement CoS. It also wastes £170 of their money to issue a new CoS. If I were the employer I would be writing a lovely letter to the consulate about why they cancelled your CoS (which was perfectly valid regardless of your technical problem with your entry visa app).

[farino]

Thank you very much for your quick answer Staton Agent. I am preparing now the Administrative Review, I am afraid that they may argue that a "Live" certificate "dies" when you applied. I just found in this page:

"http://www.ukba.homeoffice.gov.uk/worki ... onsorship/"

"A live certificate of sponsorship is one that the sponsor has assigned to you, but that you have not used yet to apply."

But I think this was written before limiting the number of CoS was stablished so it was rather easy to get another certificate.

Now, if you get rejected by any tiny detail, even if they say you can re apply sending the missing documents, in the facts they are totally rejecting you without options.

So do you think I have still a chance?

[The Station Agent]

I don't know about your chance of success but at the very least the consulate needs to be told that there was nothing wrong with the CoS so why have they cencelled it? The employer spent a long time getting the allocation and granting you the certificate (at a cost of £170 plus many many man-hours). If the certificate was fine and your reason for refusal was nothing to do with the certificate then why does your employer have to write to request a new allocation of 1, wait for the reply, then issue the CoS again, and pay the £170 again?

To be honest it's bloody scandalous that they cancel CoS which are hard-won and cost £170 each. The sponsor seems to have done nothing wrong yet they are being penalised for a technical error you made.