Tier 2 General refusal - HELP needed

[jaheira]

Hi everyone,

Hoping to get some advice here.

I just got a Tier 2 General (out of country) refusal letter - no points were awarded for my COS, the reason being that I've been employed by my sponsor since 2011 (I was on a different visa then) doing the same job and my salary for the 2015 financial year is virtually the same as the one in the COS therefore they did not believe there was a genuine vacancy.

I am going to request an administrative review as I think they are wrong, the fact that I was occupying the same position doesn't mean that the advertised vacancy was not genuine. If I leave, there would be a genuine need to replace me. The job description in COS is exactly what I do, i.e. accurate and it was properly advertised. So I don't understand their logic at all!

I would appreciate any help with the arguments for the admin review request.

Many thanks in advance.

[CR001]

(I was on a different visa then)

What visa is that?

[jaheira]

Apologies - it is a Tier 2 General (sponsored) visa. I was applying for the first time.

[CR001]

So not a different visa at all. Why did you not apply for a Tier 2 Gen extension within the UK?

[jaheira]

Oh sorry, thought you wanted to clarify what kind of Tier 2 I was applying for (still very stressed!).

I am on an unmarried partner visa at the moment but my partner is considering to move abroad for work for 2 years whilst I'm committed to stay as I have good career prospects here, so it might be difficult to renew the unmarried partner visa which expires next August.

Given I have a good job in the UK I thought it would be easier to get a Tier 2 visa and not worry about the spouse visa renewal when the time comes. Also who knows what's going to happen with the relationship when it becomes a long-distance one...

[CR001]

When did you apply, receive and enter the UK on the unmarried partner visa?

[jaheira]

I have first entered the UK on the Tier 2 ICT visa in November 2011. I then switched to unmarried partner visa in February 2014. I've only left the UK this August to apply for Tier 2 Gen from my home country. After I received the refusal this morning I re-entered the UK again on my unmarried partner visa - obviously was asked a lot of questions at the Border Control but explained the situation and they've let me in.