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Tier 2 refusal of entry clearance to UK HELP Urgent

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Shanos
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Posts: 3
Joined: Thu Jan 29, 2015 10:59 pm

Tier 2 refusal of entry clearance to UK HELP Urgent

Post by Shanos » Thu Jan 29, 2015 11:32 pm

Hi
I have applied for entry clearance to the UK under a Teir 2 ( general) of the points based system
Clearance has been denied for the following reason as outlined on the refusal document:
" You have submitted a certificate of Sponsorship (CoS) as a Tier 2 General Migrant( switching Immigration Category) With reference to paragraph 77D of Appendix A, only the following CoS's 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 £153,500)
Your CoS has been issued as a Tier 2 General migrant (Switching Immigration Category) and therefore points have not been awarded. You have therefore not scored a minimum of 50 points under Appendix A and I refuse your application under paragraph 245HB(b) of the immigration rules."
1. I am Australian, currently living and working in UK School under a Tier 5 youth mobility Visa
2. I returned to Australia in Dec 2014 to apply for the Tier 2 General Visa as I was getting sponsorship from a school
3. Refusal
4. school is happy to reapply and pay , but are not sure what was done incoorectly

Do you have any suggestions? Was it that the school applied for a Switching Visa which i am not eligible for?
Visa expires in about 8 days
What are my chances of success?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 refusal of entry clearance to UK HELP Urgent

Post by manci » Fri Jan 30, 2015 8:39 am

The school should have applied for a restricted CoS rather than an unrestricted one. The latter is only for in-country applications (switching) and cannot be used for entry clearance applications.

Restricted CoSs are processed on a monthly cycle - applications received on or before the 5th of a month are decided on the 11th of the same month.

The process is described in para 29.10 onwards in the T2 sponsor guidance:
https://www.gov.uk/government/uploads/s ... _11-14.pdf

Re-apply once a restricted CoS has been assigned to you.

Shanos
Newly Registered
Posts: 3
Joined: Thu Jan 29, 2015 10:59 pm

Re: Tier 2 refusal of entry clearance to UK HELP Urgent

Post by Shanos » Fri Jan 30, 2015 11:57 am

Thankyou
This is very helpful. Can you see any other reasons why this application would have been rejected. I was awarded the 10 & 10 personal points
Shanos

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 refusal of entry clearance to UK HELP Urgent

Post by manci » Fri Jan 30, 2015 12:42 pm

check with the school that for the new CoS the job skill level will be NQF6, the salary will be at least the min required for the SOC code and that they have carried out a RLMT (unless an exception applies)

Shanos
Newly Registered
Posts: 3
Joined: Thu Jan 29, 2015 10:59 pm

Re: Tier 2 refusal of entry clearance to UK HELP Urgent

Post by Shanos » Sat Jan 31, 2015 7:43 am

This has been a great help, thankyou
Here's hoping
will update on the outcome
shanos

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