Tier 2 Visa Refused Incorrect CoS

[prashu7]

Hello,

My Tier 2 General Visa has been refused due to incorrect CoS number. I received my documents and refusal letter back. But did not get the passport back?

I am worried of the passport went missing or if they will send it separately?

Can someone please help me with this?

Thanks

[Frontier Mole]

If your visa has expired they will keep your passport.
If you don't appeal or make a new application they will send you a letter saying you have to leave the country and to pick up your passport at the vairport.

[prashu7]

Thanks for your Reply Frontier.

My visa is refused with a reason CoS not assigned or Invalid Cos, as my employer didnot assign a CoS at all and though Sponsor licence number to be CoS,

I am on PSW dependent but have a UK degree and was on PSW prior to this. Now my employer says its because of being PSW partner to tier 2 genral switching visa is rejected.

As for as I know PSW dependant with UK degree can switch to Tier 2 with out leaving the country.

and its clear on my refusal letter that the CoS is not assigned.

Can u shed some light on this please

[Frontier Mole]

Did your sponsor even apply for a COS?
It would seem not if they did not even know the difference between licence number and a COS
As for switching you can switch from any tier1 visa.
As for RLMT exemption you will not qualify as you hold a dependent visa.

[prashu7]

No, Sponsor did not apply for CoS and insisted that Sponsor licence number is the CoS, later on after making application I got see a friends CoS and went back to company and sent the sponsor guidance screen shot, it is then they assigned a CoS, and I sent this to UKVI explaining the same, but then it was too late my application was rejected by then.

Not sure what RLMT exemption is? I will look into that.
But what would happen now, can my employer amend the CoS details and can I make a new in county application .

its all so confusing cause my HR has no idea on what shes doing and shes coming abck to me for all the details. They are simply trying blame my depandent status for what so ever reasons

[Frontier Mole]

When did your sponsor advertise the role?
Where was it advertised and for now long?
If the post was not advertised for at least 28 days then the sponsor can not issue a COS

[Jeeves]

I am on PSW dependent but have a UK degree and was on PSW prior to this. Now my employer says its because of being PSW partner to tier 2 genral switching visa is rejected.

As for as I know PSW dependant with UK degree can switch to Tier 2 with out leaving the country.

Incorrect, a PSW dependant can't switch.

As for switching you can switch from any tier1 visa.

True but the holder of a PSW dependant is not technically a Tier 1 Migrant - as defined here: https://www.gov.uk/government/publicati ... troduction

[Frontier Mole]

@Jeeves

The argument about what constitutes any tier 1 for switching purposes is not new. The stated policy and the caseworker guidance does not specifically include or exclude tier1 dependents. The word "any" has been taken out of the policy but still remains in the caseworker guidance.

I think Manci has been down this route before.

I have not seen a refusal based on tier1 dependent switching.to tier2 but would like to know if that has been the case for others.