Shah1698 wrote:Hi
I am surprised how your employer got restricted COS allocation when RMLT was not done properly. Why does ECO feel that it was tailored for you? Can you please send the following more details:-
1. Job title, and SOC code used in your COS
2. Content of ECO letter that shows reason of rejection (Remove names, numbers, etc)
3. When did you submit your visa application and where?
4. You had any interview while submitting the application? If yes, what questions they asked and what you replied?
These details are useful to advice you whether you can go for an administrative review.
Hi,
1.
Business Improvement Manager & the SOC Code was 2424
2.
This is what my rejection letter says
"You have submitted a COS, reference number XYZ. The COS states that you be employed as a Business Improvement Manager with XYZ Co based out of ABC.
Paragraph, 245HB(b) of the immigration Rules states: If applying as a tier 2(General) Migrant, the applicant must have minimum of 50 points under paragraph 76 to 84A of appendix A.
Paragraph 77H(c) of Appendix A states: no points will be awarded for the Certificate of Sponsorship if the ECO has reasonable grounds to beleive, nothwithstanding that the applicant has provided the evidence required under the relevant provisions of Appendix A, that the stated requirements of the job as recorded by the Certificate of Sponsorship Checking Service and in any advertisements for the job as recorded by the Certificate of Sponsorship Checking Service and in any advertisements for the job are inappropriate for the job on offer/ or have been tailored to exclude resident workers from being recruited.
In support of your application you have submitted a copy of the XYZ website, confirming that the permanent position of Business Improvement Manager with ABC Co was advertised on the specific site from A-B Dates (28 Days). This I note is the vacancy that your COS was issued for.
(Mention of my appointment letter and other letters submitted by me)
As per paragraph 245H of the immigration Rules, applicants applying as a tier 2 General Migrant, are filling particular vacancies that cannot be filled by British or EEA workers.
From the information and documents that you have submitted, I am satisfied that you work for an Indian Comapny, Namely ABC, propsoing to complete an assignment with a British Subsidiary of this company namely ABCD. Consequently, given that your appointment letter stipulates that as of so-so date you were employed by ABC India, on the balance of probabilities, I am satisfied that you were employed by ABC India to then be subsequently posted on assignment to ABC UK and the labour market test as per your COS, was tailored to exclude resident workers from being recruited.
3. I submitted by Visa on the 7th of May 2015 in Bangalore and the Rejection letter was issued on the 12th of May 2015.
4. There was no interview at the VFS Office, only document checking and bio-metrics.
My COS was issued on the 20th of April and the RMLT box was checked. The Company had advertisied this position in two websites for one one month each & had interviewed four people in UK before offering me the role.
Please guide me, shall I go for a review or re-apply.
Regds
