Tier 2 Visa Refusal Urgent Help

[djsquare1827]

Hello,

JUST TO EXPLAIN YOU THE MATTER IN BRIEF..

My Company has submitted the sponsor License on 29th march 2012 and was issued after 11 week on 11th June 2012. After getting the sponsor license immigration adviser issued the COS on my name and posted it on 13th June through first class service.

I had applied for my Tier 2 visa on 22nd May 2012. My Visa expired on 13th May which is 9 days before application as advised by my immigration adviser because we were still waiting for the sponsor license to be issued.

All the require documents were submitted correctly on the above respective dates.

The given reason for rejection was

"As your application was submitted on 22/05/12 you were not in possession of valid leave in a Post study work category when you made the inquiry.
Your Sponsor is therefore required to conduct a Resident Labour Market Test that is appropriate to the job you wish to undertake."
Therefore I was not awarded with 30 points for Sponsorship and 20points for the salary."

I have not given any rights to appeal due to late application.

I would like to know following things from you.

1) In my case there was no point applying for my Tier 2 visa before 13th May as my company was still waiting for the Sponsor License & COS. Was it still a good idea to apply for the Tier 2 Visa while waiting for the sponsor license.

2) My OISC certified Adviser did suggest me that I do have 10 days grace period to apply for Visa my after visa expiry date. Is that true? If not then I can blame on him.

3)He also messed up with my SOC code my job title is customer service executive which falls below NQF level 3.

3) Can I argue with UKBA for taking more then 10weeks to process sponsor license which lead to my late application even though we constantly informed them that my Visa expires on 13th May.

4) They have not given me the right to appeal as I submitted the application late, what option do I have to raise my issue?

5) If all of the above arguments fail what options do I have to stay in UK? Thank you

PS:- I am in contact with 1 lawyer who has agreed to file a JR against the appeal. Even if the judge grant me a second chance of either giving the right of appeal or fresh application as per the old , I wont qualify due to my NQF level job which falls below level 3.

A) Now my immediate question is as my PSW visa expired on 13th May will I be marked as an overstayer? if not then

B) will I marked as an overstayer if stay longer then 28 days after the decision is made which is 9th of June during the process of Judicial review.

C) Do I have the right to work during the stay of JR application?

[david1955]

Hello,

JUST TO EXPLAIN YOU THE MATTER IN BRIEF..

My Company has submitted the sponsor License on 29th march 2012 and was issued after 11 week on 11th June 2012. After getting the sponsor license immigration adviser issued the COS on my name and posted it on 13th June through first class service.

I had applied for my Tier 2 visa on 22nd May 2012. My Visa expired on 13th May which is 9 days before application as advised by my immigration adviser because we were still waiting for the sponsor license to be issued.

All the require documents were submitted correctly on the above respective dates.

The given reason for rejection was

"As your application was submitted on 22/05/12 you were not in possession of valid leave in a Post study work category when you made the inquiry.
Your Sponsor is therefore required to conduct a Resident Labour Market Test that is appropriate to the job you wish to undertake."
Therefore I was not awarded with 30 points for Sponsorship and 20points for the salary."

I have not given any rights to appeal due to late application.

I would like to know following things from you.

1) In my case there was no point applying for my Tier 2 visa before 13th May as my company was still waiting for the Sponsor License & COS. Was it still a good idea to apply for the Tier 2 Visa while waiting for the sponsor license.

2) My OISC certified Adviser did suggest me that I do have 10 days grace period to apply for Visa my after visa expiry date. Is that true? If not then I can blame on him.

3)He also messed up with my SOC code my job title is customer service executive which falls below NQF level 3.

3) Can I argue with UKBA for taking more then 10weeks to process sponsor license which lead to my late application even though we constantly informed them that my Visa expires on 13th May.

4) They have not given me the right to appeal as I submitted the application late, what option do I have to raise my issue?

5) If all of the above arguments fail what options do I have to stay in UK? Thank you

PS:- I am in contact with 1 lawyer who has agreed to file a JR against the appeal. Even if the judge grant me a second chance of either giving the right of appeal or fresh application as per the old , I wont qualify due to my NQF level job which falls below level 3.

A) Now my immediate question is as my PSW visa expired on 13th May will I be marked as an overstayer? if not then

B) will I marked as an overstayer if stay longer then 28 days after the decision is made which is 9th of June during the process of Judicial review.

C) Do I have the right to work during the stay of JR application?

In your case, you should have submitted the application before your current visa expires requesting home office to hold on the application till you get COS.

I believe you dont stand any chance even you do JR, as your COS was wrong. what you can do is go outside the UK and apply for entry clearance

in regards to your question, you will not be overstayer as you had an outstanding application with homeoffice. If you file JR then you can continue working for the employer till any decision can be made

[djsquare1827]

Hello,

JUST TO EXPLAIN YOU THE MATTER IN BRIEF..

My Company has submitted the sponsor License on 29th march 2012 and was issued after 11 week on 11th June 2012. After getting the sponsor license immigration adviser issued the COS on my name and posted it on 13th June through first class service.

I had applied for my Tier 2 visa on 22nd May 2012. My Visa expired on 13th May which is 9 days before application as advised by my immigration adviser because we were still waiting for the sponsor license to be issued.

All the require documents were submitted correctly on the above respective dates.

The given reason for rejection was

"As your application was submitted on 22/05/12 you were not in possession of valid leave in a Post study work category when you made the inquiry.
Your Sponsor is therefore required to conduct a Resident Labour Market Test that is appropriate to the job you wish to undertake."
Therefore I was not awarded with 30 points for Sponsorship and 20points for the salary."

I have not given any rights to appeal due to late application.

I would like to know following things from you.

1) In my case there was no point applying for my Tier 2 visa before 13th May as my company was still waiting for the Sponsor License & COS. Was it still a good idea to apply for the Tier 2 Visa while waiting for the sponsor license.

2) My OISC certified Adviser did suggest me that I do have 10 days grace period to apply for Visa my after visa expiry date. Is that true? If not then I can blame on him.

3)He also messed up with my SOC code my job title is customer service executive which falls below NQF level 3.

3) Can I argue with UKBA for taking more then 10weeks to process sponsor license which lead to my late application even though we constantly informed them that my Visa expires on 13th May.

4) They have not given me the right to appeal as I submitted the application late, what option do I have to raise my issue?

5) If all of the above arguments fail what options do I have to stay in UK? Thank you

PS:- I am in contact with 1 lawyer who has agreed to file a JR against the appeal. Even if the judge grant me a second chance of either giving the right of appeal or fresh application as per the old , I wont qualify due to my NQF level job which falls below level 3.

A) Now my immediate question is as my PSW visa expired on 13th May will I be marked as an overstayer? if not then

B) will I marked as an overstayer if stay longer then 28 days after the decision is made which is 9th of June during the process of Judicial review.

C) Do I have the right to work during the stay of JR application?

In your case, you should have submitted the application before your current visa expires requesting home office to hold on the application till you get COS.

I believe you dont stand any chance even you do JR, as your COS was wrong. what you can do is go outside the UK and apply for entry clearance

in regards to your question, you will not be overstayer as you had an outstanding application with homeoffice. If you file JR then you can continue working for the employer till any decision can be made

Thanks David but how sure you are about working with the employer as my lawyer told me I cannot legally work?

[david1955]

Hello,

JUST TO EXPLAIN YOU THE MATTER IN BRIEF..

My Company has submitted the sponsor License on 29th march 2012 and was issued after 11 week on 11th June 2012. After getting the sponsor license immigration adviser issued the COS on my name and posted it on 13th June through first class service.

I had applied for my Tier 2 visa on 22nd May 2012. My Visa expired on 13th May which is 9 days before application as advised by my immigration adviser because we were still waiting for the sponsor license to be issued.

All the require documents were submitted correctly on the above respective dates.

The given reason for rejection was

"As your application was submitted on 22/05/12 you were not in possession of valid leave in a Post study work category when you made the inquiry.
Your Sponsor is therefore required to conduct a Resident Labour Market Test that is appropriate to the job you wish to undertake."
Therefore I was not awarded with 30 points for Sponsorship and 20points for the salary."

I have not given any rights to appeal due to late application.

I would like to know following things from you.

1) In my case there was no point applying for my Tier 2 visa before 13th May as my company was still waiting for the Sponsor License & COS. Was it still a good idea to apply for the Tier 2 Visa while waiting for the sponsor license.

2) My OISC certified Adviser did suggest me that I do have 10 days grace period to apply for Visa my after visa expiry date. Is that true? If not then I can blame on him.

3)He also messed up with my SOC code my job title is customer service executive which falls below NQF level 3.

3) Can I argue with UKBA for taking more then 10weeks to process sponsor license which lead to my late application even though we constantly informed them that my Visa expires on 13th May.

4) They have not given me the right to appeal as I submitted the application late, what option do I have to raise my issue?

5) If all of the above arguments fail what options do I have to stay in UK? Thank you

PS:- I am in contact with 1 lawyer who has agreed to file a JR against the appeal. Even if the judge grant me a second chance of either giving the right of appeal or fresh application as per the old , I wont qualify due to my NQF level job which falls below level 3.

A) Now my immediate question is as my PSW visa expired on 13th May will I be marked as an overstayer? if not then

B) will I marked as an overstayer if stay longer then 28 days after the decision is made which is 9th of June during the process of Judicial review.

C) Do I have the right to work during the stay of JR application?

In your case, you should have submitted the application before your current visa expires requesting home office to hold on the application till you get COS.

I believe you dont stand any chance even you do JR, as your COS was wrong. what you can do is go outside the UK and apply for entry clearance

in regards to your question, you will not be overstayer as you had an outstanding application with homeoffice. If you file JR then you can continue working for the employer till any decision can be made

Thanks David but how sure you are about working with the employer as my lawyer told me I cannot legally work?

i am not completely sure, may be some senior members can help.

[magelenn]

Hello,

JUST TO EXPLAIN YOU THE MATTER IN BRIEF..

My Company has submitted the sponsor License on 29th march 2012 and was issued after 11 week on 11th June 2012. After getting the sponsor license immigration adviser issued the COS on my name and posted it on 13th June through first class service.

I had applied for my Tier 2 visa on 22nd May 2012. My Visa expired on 13th May which is 9 days before application as advised by my immigration adviser because we were still waiting for the sponsor license to be issued.

All the require documents were submitted correctly on the above respective dates.

The given reason for rejection was

"As your application was submitted on 22/05/12 you were not in possession of valid leave in a Post study work category when you made the inquiry.
Your Sponsor is therefore required to conduct a Resident Labour Market Test that is appropriate to the job you wish to undertake."
Therefore I was not awarded with 30 points for Sponsorship and 20points for the salary."

I have not given any rights to appeal due to late application.

I would like to know following things from you.

1) In my case there was no point applying for my Tier 2 visa before 13th May as my company was still waiting for the Sponsor License & COS. Was it still a good idea to apply for the Tier 2 Visa while waiting for the sponsor license.

2) My OISC certified Adviser did suggest me that I do have 10 days grace period to apply for Visa my after visa expiry date. Is that true? If not then I can blame on him.

3)He also messed up with my SOC code my job title is customer service executive which falls below NQF level 3.

3) Can I argue with UKBA for taking more then 10weeks to process sponsor license which lead to my late application even though we constantly informed them that my Visa expires on 13th May.

4) They have not given me the right to appeal as I submitted the application late, what option do I have to raise my issue?

5) If all of the above arguments fail what options do I have to stay in UK? Thank you

PS:- I am in contact with 1 lawyer who has agreed to file a JR against the appeal. Even if the judge grant me a second chance of either giving the right of appeal or fresh application as per the old , I wont qualify due to my NQF level job which falls below level 3.

A) Now my immediate question is as my PSW visa expired on 13th May will I be marked as an overstayer? if not then

B) will I marked as an overstayer if stay longer then 28 days after the decision is made which is 9th of June during the process of Judicial review.

C) Do I have the right to work during the stay of JR application?

What you can do is ask your employer to ring 03001234699, all the questions on legal/illegal immigrant working are provided by phone.

Your given reason for rejection apart from late submission also stated "Your Sponsor is therefore required to conduct a Resident Labour Market Test that is appropriate to the job you wish to undertake." - can you solve your problem by doing one now while the JR is in process?

[magelenn]

Hello,

JUST TO EXPLAIN YOU THE MATTER IN BRIEF..

My Company has submitted the sponsor License on 29th march 2012 and was issued after 11 week on 11th June 2012. After getting the sponsor license immigration adviser issued the COS on my name and posted it on 13th June through first class service.

I had applied for my Tier 2 visa on 22nd May 2012. My Visa expired on 13th May which is 9 days before application as advised by my immigration adviser because we were still waiting for the sponsor license to be issued.

All the require documents were submitted correctly on the above respective dates.

The given reason for rejection was

"As your application was submitted on 22/05/12 you were not in possession of valid leave in a Post study work category when you made the inquiry.
Your Sponsor is therefore required to conduct a Resident Labour Market Test that is appropriate to the job you wish to undertake."
Therefore I was not awarded with 30 points for Sponsorship and 20points for the salary."

I have not given any rights to appeal due to late application.

I would like to know following things from you.

1) In my case there was no point applying for my Tier 2 visa before 13th May as my company was still waiting for the Sponsor License & COS. Was it still a good idea to apply for the Tier 2 Visa while waiting for the sponsor license.

2) My OISC certified Adviser did suggest me that I do have 10 days grace period to apply for Visa my after visa expiry date. Is that true? If not then I can blame on him.

3)He also messed up with my SOC code my job title is customer service executive which falls below NQF level 3.

3) Can I argue with UKBA for taking more then 10weeks to process sponsor license which lead to my late application even though we constantly informed them that my Visa expires on 13th May.

4) They have not given me the right to appeal as I submitted the application late, what option do I have to raise my issue?

5) If all of the above arguments fail what options do I have to stay in UK? Thank you

PS:- I am in contact with 1 lawyer who has agreed to file a JR against the appeal. Even if the judge grant me a second chance of either giving the right of appeal or fresh application as per the old , I wont qualify due to my NQF level job which falls below level 3.

A) Now my immediate question is as my PSW visa expired on 13th May will I be marked as an overstayer? if not then

B) will I marked as an overstayer if stay longer then 28 days after the decision is made which is 9th of June during the process of Judicial review.

C) Do I have the right to work during the stay of JR application?

Djsquare, did you get an invite to submit your biometrics?

[djsquare1827]

Hello,

JUST TO EXPLAIN YOU THE MATTER IN BRIEF..

My Company has submitted the sponsor License on 29th march 2012 and was issued after 11 week on 11th June 2012. After getting the sponsor license immigration adviser issued the COS on my name and posted it on 13th June through first class service.

I had applied for my Tier 2 visa on 22nd May 2012. My Visa expired on 13th May which is 9 days before application as advised by my immigration adviser because we were still waiting for the sponsor license to be issued.

All the require documents were submitted correctly on the above respective dates.

The given reason for rejection was

"As your application was submitted on 22/05/12 you were not in possession of valid leave in a Post study work category when you made the inquiry.
Your Sponsor is therefore required to conduct a Resident Labour Market Test that is appropriate to the job you wish to undertake."
Therefore I was not awarded with 30 points for Sponsorship and 20points for the salary."

I have not given any rights to appeal due to late application.

I would like to know following things from you.

1) In my case there was no point applying for my Tier 2 visa before 13th May as my company was still waiting for the Sponsor License & COS. Was it still a good idea to apply for the Tier 2 Visa while waiting for the sponsor license.

2) My OISC certified Adviser did suggest me that I do have 10 days grace period to apply for Visa my after visa expiry date. Is that true? If not then I can blame on him.

3)He also messed up with my SOC code my job title is customer service executive which falls below NQF level 3.

3) Can I argue with UKBA for taking more then 10weeks to process sponsor license which lead to my late application even though we constantly informed them that my Visa expires on 13th May.

4) They have not given me the right to appeal as I submitted the application late, what option do I have to raise my issue?

5) If all of the above arguments fail what options do I have to stay in UK? Thank you

PS:- I am in contact with 1 lawyer who has agreed to file a JR against the appeal. Even if the judge grant me a second chance of either giving the right of appeal or fresh application as per the old , I wont qualify due to my NQF level job which falls below level 3.

A) Now my immediate question is as my PSW visa expired on 13th May will I be marked as an overstayer? if not then

B) will I marked as an overstayer if stay longer then 28 days after the decision is made which is 9th of June during the process of Judicial review.

C) Do I have the right to work during the stay of JR application?

What you can do is ask your employer to ring 03001234699, all the questions on legal/illegal immigrant working are provided by phone.

Your given reason for rejection apart from late submission also stated "Your Sponsor is therefore required to conduct a Resident Labour Market Test that is appropriate to the job you wish to undertake." - can you solve your problem by doing one now while the JR is in process?

As you can understand that its just a customer service job, My company really doent need to be in all this hassle. They didnt even have the sponsor licence but because my performance was good they provided all the documents to get the sponsor licence and then sponsor me. They wont really go down the route of advertising the job and even if they agree as per the new rules after 14th June I need to be some kind of manager earning more than 40k which is just ridiculous. If I would have applied before my PSW visa expired then the advertising criteria would have waived off.

[djsquare1827]

Hello,

JUST TO EXPLAIN YOU THE MATTER IN BRIEF..

My Company has submitted the sponsor License on 29th march 2012 and was issued after 11 week on 11th June 2012. After getting the sponsor license immigration adviser issued the COS on my name and posted it on 13th June through first class service.

I had applied for my Tier 2 visa on 22nd May 2012. My Visa expired on 13th May which is 9 days before application as advised by my immigration adviser because we were still waiting for the sponsor license to be issued.

All the require documents were submitted correctly on the above respective dates.

The given reason for rejection was

"As your application was submitted on 22/05/12 you were not in possession of valid leave in a Post study work category when you made the inquiry.
Your Sponsor is therefore required to conduct a Resident Labour Market Test that is appropriate to the job you wish to undertake."
Therefore I was not awarded with 30 points for Sponsorship and 20points for the salary."

I have not given any rights to appeal due to late application.

I would like to know following things from you.

1) In my case there was no point applying for my Tier 2 visa before 13th May as my company was still waiting for the Sponsor License & COS. Was it still a good idea to apply for the Tier 2 Visa while waiting for the sponsor license.

2) My OISC certified Adviser did suggest me that I do have 10 days grace period to apply for Visa my after visa expiry date. Is that true? If not then I can blame on him.

3)He also messed up with my SOC code my job title is customer service executive which falls below NQF level 3.

3) Can I argue with UKBA for taking more then 10weeks to process sponsor license which lead to my late application even though we constantly informed them that my Visa expires on 13th May.

4) They have not given me the right to appeal as I submitted the application late, what option do I have to raise my issue?

5) If all of the above arguments fail what options do I have to stay in UK? Thank you

PS:- I am in contact with 1 lawyer who has agreed to file a JR against the appeal. Even if the judge grant me a second chance of either giving the right of appeal or fresh application as per the old , I wont qualify due to my NQF level job which falls below level 3.

A) Now my immediate question is as my PSW visa expired on 13th May will I be marked as an overstayer? if not then

B) will I marked as an overstayer if stay longer then 28 days after the decision is made which is 9th of June during the process of Judicial review.

C) Do I have the right to work during the stay of JR application?

Djsquare, did you get an invite to submit your biometrics?

Indeed I got the invitation for Biometris and I did my Biometrics withing the given time.

[magelenn]

Indeed I got the invitation for Biometris and I did my Biometrics withing the given time.

DJsquare, how are you? When you will have your results on JR? Have you been able to speak to your company about your situation? What does your Adviser suggest?
I wish you all the best!!!

[djsquare1827]

Indeed I got the invitation for Biometris and I did my Biometrics withing the given time.

DJsquare, how are you? When you will have your results on JR? Have you been able to speak to your company about your situation? What does your Adviser suggest?
I wish you all the best!!!

I am in trouble..lolz.....I have done the Pre action protocol coz thats something you need to do before doing JR. Pre action will take 2-3 weeks time and thereafter will wait for UKBA review on my case if its still negative then we will lodge a JR. Let you update on the situation when I have any. Thnx

[magelenn]

Very best wishes! Hope everything will work out!!! I still don't have my result yet. Submitted biometrics on the 10th of July...

[djsquare1827]

Well all the best to you too...