COS status after refusal

[pricesoft]

Hi Guys,

I was recently refused a Tier 2 visa in August. I was looking to switch from a Tier 1 post study visa and was refused because of an administrative mistake in my CoS. The status of the CoS that was used currently says "used" but it is effectively inactive.

I was given the right to appeal and I already have my appeal hearing date set for later this month. My question is, if my appeal is allowed, does this mean that the CoS becomes automatically active again. Or am I going to need a new one? We were only given one allocation which we've now used.

I would seriously appreciate your view....

[pricesoft]

Might anyone be able to provide me with any view on this?

Thanks and much appreciate in advance

[The Station Agent]

It's used so that means it can't be used again. However, if you are appealing the same decision then they should honour it. If you re-apply then they won't.

[pricesoft]

Thanks The Station Agent

We are indeed not looking to re-apply but appeal the previous decision. My concern though is that since I was refused the Tier2 visa because my sponsor selected the wrong job category, will the decision on the appeal hinge on my sponsor being able to make this correction to the CoS?

Thanks again!

[geriatrix]

The appeal will be decided on the basis whether or not it was lawful for UKBA to refuse the application because the employer failed to include the appropriate job code in the CoS. And not on whether or not your employer can (now) change the job code if UKBA were to allow it (i.e.- make the CoS active).

IMHO ...



regards

[pricesoft]

Hi All,

So I had my appeal hearing today and it generally went well. Unfortunately the judge decided to delay the decision on my case so that she can review the evidences properly (as both myself and my company's HR director gave evidences). I believe this is because the home office representative wasn't available and because my case which is related to the Code of Practice minimum salary requirement is still fairly new.

I have been told to expect a decision within 10 working days and I'm hopeful.

Just wondered if anybody has been in a similar situation particularly in regards to satisfying the code of practice minimum salary requirement.

Cheers All

[avjones]

It's normal to get a decision in writing. It's actually quite uncommon to get a result on the day, don't worry about that.