General Tier 2 visa refused from india under rule 245HB (b)

[tier2visarefusal]

Hello All

My tier2 general visa has been refused on the basis of general ground that you have failed to show the evidence that resident labour market test has been passed.

Actually my COS was issued based on shortage occupancy list, however my visa consultant claimed 30 points for resident labour market test instead of shortage occupancy but I think that should not be problems as my COS clearly mentions that this requirement is based on shortage occupancy.

Can anyone suggest that what are the options available with me now?

[manci]

do you have a printout of the CoS?

The "have you met the RLMT" box should have been ticked and in the free text box that follows it should have been explained what exemption applies.

At 5.3 in Appendix 5 of the visa application the "shortage occupation" box should have been ticked, not the RLMT box. If the tick was mistakenly put in the wrong box write to the ECO explaining the circumstances and ask for a review of the decision. If that doesn't work you can ask for a formal administrative review within 28 days of the refusal decision for which you should have received the necessary forms with the refusal decision.

[tier2visarefusal]

Hi thanks for your response.

Yes I have printed copy of COS, it doesn't say anything about RLMT as it is issued based on shortage occupancy.

As you said I can write to ECO, how can I do the same by email or post?


Thanks

[manci]

what is the SOC code, job title and salary in the CoS and have you given exactly the same information in the visa application?

Have you kept a copy of the visa application?

[tier2visarefusal]

Job Title is embedded software engineer
Salary 34000 gbp per annum

Yes I have given exactly same information.

Yes I have copy of visa application.

You asked about soc code what is it,?

Also I came to know from my visa consultant who filled up my application that....the day we filled up visa application form new ukba website was launched which had many bugs...For example it was not allwinng to select No as answer for RLMT test passed?

So he will prepare admin review request on that ground.


Any further information you can suggest would be gratefully accepted.

Thanks

[manci]

the SOC code is the number given under "job type" in the CoS.

[tier2visarefusal]

Job type is 2136

Does this code says about RLMT or shortage occupancy?

[manci]

yes, SOC code 2136 is a shortage occupation and RLMT is not required provided you are contracted to work at least 30 hours/week
http://www.ukba.homeoffice.gov.uk/sitec ... tnov11.pdf

[tier2visarefusal]

Yes I will work 37.5 hours per week as per COS.

Thank you for all your replies

[tier2visarefusal]

Hi

I finally got below letter from embassy.

I am pleased to inform that your application can be granted and please submit your passport to VFS to enable us to attach your visa.

So finally good news. ....ukba people are really good.

I have submitted my passport with approval letter from ukba.

do you know how long does it take for stamping visa?

Thanks in advance

[FaeLLe]

What happened is most probably in Appendix 5 they claimed points for RMLT instead of the shortage occupation category which confused the ECO.

[ramindia]

ya true that coloumn is confusing always