Tier -2 Genera Visa Rejected

[tier2applicant]

Just got all my reply from UKBA with all the documents. The first line of the letter in body and underlined says that 'You don't have a right to appeal against this decision' and the reason they have given is ' Your application was made more than 3 months before the start date of your proposed employment.' Thus I didn't get the 30 points for Sponorship.

I am on PSW visa and its expiring on 20 of Januray. I have been working with this employer for the last one year in same role. I was issued a CoS with start date 19 January 2012 and on 27 of August. I made an application on 10 September. The letter also says there is no administrative review available for an in-country application under the PBS system. This could be because my visa is still valid till 20 January 2012.

I have got a few questions.

1. My employer while applying for sponsorship had requested for 1 license in the first year. I also remember reading the sponsorship approval letter saying only 1 license in the first year. This license has been already used. My question is, How does my employer request for an additional license ? and is there a procedure to follow ?

2. My initial application has start date of 19 January, if at all my company is successful in getting an additional license. Should the new license be of the same start date or can I make my employer issue a fresh CoS with an earlier start date ?

Is there any other thing that I need to bear in mind before making a fresh application ? Its a bit of a shame since I am working in the same role and in the CoS it was also stated that my employer want to continue employment. Please advise.

[madona587]

Sorry to hear about your refusal,

1. Your COS has been used and you can't use it again. First your HR/Level1 user has to login to the SMS. Then go to View/Edit Sponsor Profile and Click "Request allocation increase" Give the reason and how many allocations needed. Then wait for UKBA to get back. They will email you when they allocate the additional cos (if they do)

2. I'm not so sure about this but my PSW expired on 8th Sep 2011 and my company put down my work start date as 7th September 2011 (A day before my PSW expired) and my application is successful.

Well you have to pay for the new COS and make sure you double/triple check the COS before assigning. (I speak to my level1 user and give him all the information and confirm everything before assigning) Also follow the correct working hours/SOC/Job title.

[tier2applicant]

Hi Madona,

Thanks for your reply.

Yes, my PSW visa is expiring on the 20 Jan 2012 and the CoS had start date form 19 Jan 2012. This CoS was generated on the 27 of August and I made my application on 10 of September. But UBKA want the application to be made within 3 months of the start date on the CoS. So got rejected.


My only concern is if there anyone is aware of the success rate or timeline of requesting for an additional license. This is bearing in mind my company has got a license and this is only 4 months since we got Sponsership license. We didn't have a pre visit too.

[madona587]

Hi Madona,

Thanks for your reply.

Yes, my PSW visa is expiring on the 20 Jan 2012 and the CoS had start date form 19 Jan 2012. This CoS was generated on the 27 of August and I made my application on 10 of September. But UBKA want the application to be made within 3 months of the start date on the CoS. So got rejected.


My only concern is if there anyone is aware of the success rate or timeline of requesting for an additional license. This is bearing in mind my company has got a license and this is only 4 months since we got Sponsership license. We didn't have a pre visit too.

I think timeline is something you shouldn't worry too much. My company assigned the wrong SOC code for my job and i picked this up just 3 weeks before my PSW expiry. I was so worried cause my company had to withdraw the COS and then request an increase for a new COS. We called UKBA and they told us it might take 3 weeks + but when we called the next morning we got the COS granted within 24 Hours. UKBA is not so predictable. Once we requested a COS we also sent a urgent email to PBS asking them to consider our request a "Top priority" Do not worry you still have plenty of time left in your PSW. Be sure not to make any mistakes in the application as last thing you want is a refusal and your PSW already expired.

[tier2applicant]

Hi madona,

I just went to my employer and applied for a request for another license. May I ask if your level 1 user was notified by email about the allocation of additional license. Or does the user have to keep checking the online portal ?

It was my mistake actually. I did read the policy guidance many times but can't believe missed about the application has to be made 3 months within the start date on the CoS. NOT BEFORE.

Its been a very very expensive mistake. My only intention was to make the application ASAP and go home for Christmas holidays. Sigh !

All I can do now is to wait for UKBA to allot another license.

Thanks for your support madona587, you been very helpful.

Cheers

[madona587]

Yes the level1 user will be notified by email. Make no mistakes this time. It's also worth your level1 user send an email to PBS.

Dude i been through some really stressful time with my TIER2. Now I'm a lot more relaxed and already booked my flights for my first time holiday back home.

If anything i can help do let me know

[tier2applicant]

Brilliant mate, enjoy your time at home.

If only you can pop into the forum time and again during your holiday. It would be helpful :D