Appeal COS & Application. Good Solicitor

[ratz]

Hi all,

I applied for PSW to tier 2 switch early june. But we made a clerical error on the application and the cos as it was the first ever work permit company has ever dealt with. We made a mistake on the no of hours of work and the job title. Which caused the HO to refuse the application and the COS was used up.

We applied for a Additional COS via the online management system 3 days before the caps came on but didn't hear from the home office until the week after saying we've been allocated 0 COS's under the new limitations.

After much frustration and confusion as to why we were allocated zero despite having a pending request (which was discarded once the caps came on), we lodged an application for an additional cos so that we can correct the mistakes we did the first time and re-lodge the application.
We were told now that we will hear a decision for the additional COS at the end of the day.

If the worse comes to worst and we were refused an additional COS. We will be looking to dispute the decision, seek judicial review and even take the HO to court. I was wondering if any of you know good solictors/lawyers who would be best for this job. Around Surrey or London. Someone who would feel strongly about the situation as the company and myself.

We do not have much time as my current leave expires on the 28th this month.

Thanks in Advance,

-V

[pricesoft]

I hope you manage to get an allocation but not getting an allocation in the first place sounds quite wrong.

My sponsor was lucky to get one allocation, but I guess we were lucky and plus based on the rules applied in allocating the CoS I think we may have qualified for 1 anyway. Notwithstanding, nothing is set on stone with the UKBA these days and the way decisions are being made is starting to feel quite out of place so to speak.

In my own case, although we got the one CoS my visa was denied for the same reason your first Tier2 application was refused (working hours and all due to clerical error). We are appealing it though, so I can only keep my fingers crossed.

Out of curiousity, did you say in your post that you were told you will hear a decision on the additional CoS request by the end of today?

Cheers

[ratz]

Yer, we called the HO up and they said we will get a reply by email end of today. I wish I had gone through a lawyer when I submitted the application the first time, at least they would've seen the mistakes on the application before sending it off. But then again would've should'ves don't matter.

Did they say you can appeal the decision? I think you qualify for administrative review? If you are planning to reapply don't forget you need a new cos as the old one is used up (Like mine); So many things missing from their guidelines, its all over the place!

We are quite annoyed at the fact that we had to go through this procedure to request an additional cos, because we asked for one before the caps came on and the company is only asking for ONE COS to employee the SAME employee. and also the company has only ever needed ONE COS. If they don't get that ONE COS, the £1000 the spent on the license and the license itself becomes redundant!

Anyway, I hope all goes well with your appeal! From what it seems you have luck on your side. All the best!

[pricesoft]

Oh I see now.

My employers have been kind enough in supporting me by employing the use of a London-based Legal Firm. Although the legal firm is the company's legal representative, it had never represented or advised us on immigration matters.

I forgot to mention in my last email that unlike you, my visa already expired so I'm only still in the UK because we lodged an appeal. The appeal date has been fixed but in the meantime we've put in an application for an additional CoS like you did based on legal advise from our lawyers (that was the reason why I asked to clarify whether or not you were told by the UKBA to expect a decision by the end of today). I honestly don't know what the lawyers want to do with the new CoS should we be lucky to get an allocation since we've already lodged an appeal and considering that application for a new Tier2 visa will be considered as out-of-time.

I'll see how that plays out, although my sights are now set on the appeal hearing. I have never been so nervous in a very long time!

Going by your previous email, I assume you fell prey to the Code of Practice requirements. The UKBA's website is so poor with providing any sort of guidance to sponsors and applicants of Tier2 visa.

I strongly feel you'd get an allocation though, because your company has got a very good case for one.

[ratz]

You would think. But we did hear from them, and I'm afraid it's not good news. It was rejected. And we cannot appeal against the decision. My Employer and myself are very disappointed and is now confused as to where to turn to. Looks like I will have to pack up and leave end of the month while the company continue to try to get the CoS after which they can do a Residential Market Test and I can re-apply for the tier 2 visa.

We are stilll waiting for our existing lawyer to provide us with further information but things are not looking good. My faith with the British HO is now at its lowest! 7 years in the country, three years of paying tax! and this is what it all comes down to. very very disappointing!

I hope you get a better outcome than I did.

[pricesoft]

Oh dear! That is just diabolical. This is whole cap thing is just one big mess! My sponsor hasn't heard back on our own additional CoS application yet and I'm starting to feel less hopeful since hearing your own decision.

I'm quite curious about your situation and honestly feel gutted for you but I would also like to clarify a few points.

Firstly, from what I understand from your original post, you applied for your first Tier2 visa in early June, but you also mentioned that your visa expires on the 28th of this month. I would have thought that you shouldn't be able to switch visa categories until at least 6 weeks before your current visa expires. In which case your initial Tier2 application should have been rejected on this ground. I may well be wrong.

Secondly and maybe most importantly, when did your sponsor acquire its sponsorship license and also what is your sponsors rating.

I'll strongly suggest you get a very good solicitor's advise on your case as you may never know what they may be able to do for you.

I hope it works out somehow for you.

Michael

[geriatrix]

Firstly, from what I understand from your original post, you applied for your first Tier2 visa in early June, but you also mentioned that your visa expires on the 28th of this month. I would have thought that you shouldn't be able to switch visa categories until at least 6 weeks before your current visa expires. In which case your initial Tier2 application should have been rejected on this ground. I may well be wrong.

One may switch or apply for leave under a new employer anytime.

regards

[pricesoft]

Thanks for pointing that out sushdmehta. Although ratz was explicit in this regard in his original post, I concluded that he was switching categories under the same employer. But again I may be wrong.

@sushdmehta I understand that you moderate this board and I was hoping that you might be able to answer a couple of questions regarding a different post of mine. As posting these questions in this thread contravene posting rules is it ok if I PM you or direct you to the post in question. Thanks

[geriatrix]

If you are referring to the CoP, salary etc. issue, I am afraid I am unable to comment. If something else, post the link here.


regards

[pricesoft]

Ok. Thanks