Tier 2 (General ) refused as CoS had missing information

[blesson74]

Hi,

My wife who is currently dependent on my Tier 2 ICT had got a CoS for tier 2 general visa from her employer. She had to travel back to India to apply for the visa but was refused as the CoS did not contain the resident market test reference numbers.

Can you please let me know what should be done now?

1) Can this CoS be amended to show the resident market test reference number or should her employer apply for a new CoS?

2) If employer has to apply for new CoS, how long will it take to get a new one? Also, should another resident market test be done? It was done in June 2012 so not more than 6 months ago.

3) If existing CoS can be amended, is there anything else my wife has to produced while applying again?

4) Will this refusal have any bearing on any future applications?

Greatly appreciate a quick response for this.

[manci]

the information that has to be provided when assigning a CoS requiring RLMT is:

a) dates when the job was advertised
b) where the job was advertised
c) relevant reference numbers including Jobcentre Plus

have they provided a) and b) and just forgotten to give c) which is in fact available?

what was the reason for the refusal given in the letter your wife received?

[blesson74]

Hi Manci and thanks for the quick reply. I have put my comments to your questions in blue below:

the information that has to be provided when assigning a CoS requiring RLMT is:

a) dates when the job was advertised
In the CoS it was given as "Job advertised on Monster and Job Centre Plus from 2/7/2012 to 1/8/2012"

b) where the job was advertised
Monster and Job Centre Plus as mentioned above

c) relevant reference numbers including Jobcentre Plus
This was not provided. Only the above given sentence was put in the CoS

have they provided a) and b) and just forgotten to give c) which is in fact available?

Yes, they have provided both a) and b) and forgot c) which they have

what was the reason for the refusal given in the letter your wife received?
Exact comments below:

"As your sponsor has not provided any of the advertisement reference numbers of the advertisements which were placed, the CoS does not contain all the information required by Paragraph 78B (a) (ii) of Appendix A of the Immigration Rules. As a result you have not been awarded any points for a job offer that passes the resident labour market test."

[manci]

Hi Manci and thanks for the quick reply. I have put my comments to your questions in blue below:

the information that has to be provided when assigning a CoS requiring RLMT is:

a) dates when the job was advertised
In the CoS it was given as "Job advertised on Monster and Job Centre Plus from 2/7/2012 to 1/8/2012"

b) where the job was advertised
Monster and Job Centre Plus as mentioned above

c) relevant reference numbers including Jobcentre Plus
This was not provided. Only the above given sentence was put in the CoS

have they provided a) and b) and just forgotten to give c) which is in fact available?

Yes, they have provided both a) and b) and forgot c) which they have

what was the reason for the refusal given in the letter your wife received?
Exact comments below:

"As your sponsor has not provided any of the advertisement reference numbers of the advertisements which were placed, the CoS does not contain all the information required by Paragraph 78B (a) (ii) of Appendix A of the Immigration Rules. As a result you have not been awarded any points for a job offer that passes the resident labour market test." what else was in the letter re. appeal, new application, etc?

Ask the sponsor to check in the SMS the status of the CoS, is it marked "used" or "assigned"?

They should also ring the UKBA sponsor helpline (0300 123 4699) to ask if there is anything that can be done under the circumstances in view of the fact that it was a simple omission on the sponsor's part and the necessary reference numbers are in fact available. [/b][/color]

[blesson74]

Many thanks for the quick reply.

We are checking with the sponsor what the status of the CoS is.

They have not written anything in the letter about new application but the wordings for appeal sounds very generic.

There is however one more additional comment for Attributes (50 points required) -

ECO Comment: You have obtained less than 50 points for attributes. I therefore refuse your application under paragraph 245HB (b) of the Immigration Rules.

Given the above, I have refused your visa application on this occasion because I am not satisfied that you meet all the requirements of paragraph 245HB of the Immigration Rules.

[geriatrix]

There is no appeal for PBS applications from outside the UK. One can only request for administrative review.
Read Annex C of the policy guidance for more details.

[blesson74]

This is not a PBS application.

This is a Tier 2 General main application.

[geriatrix]

This is not a PBS application.

This is a Tier 2 General main application.

If it is not a PBS (points based system) application, then why is the applicant applying on the basis of points? And why is the refusal because the applicant could not score the necessary points!!

Tell them they should simply reverse the decision because it is not a PBS application!!

God!!

[blesson74]

Sorry I misunderstood your comment as PBS dependent.

Yes, it is a PBS Tier 2 general visa application.

[geriatrix]

So, administrative review is the only way you can request reconsideration of the refusal.

[manci]

IMHO there is little point in the OP's wife requesting an administrative review as the ECO did not make a mistake.

The error is further back in the chain, it was made by the sponsor and must have come to light when the CoS was checked by UKBA. This is why I suggested that the sponsor contacts UKBA to see if the situation is retrievable. Although unlikely, if by any chance the status of the CoS has not been marked as "used" then it may be possible to deal with the matter with a sponsor note, otherwise a new CoS will have to be assigned.

http://www.ukba.homeoffice.gov.uk/visas ... ve-review/

[waseemhassan]

Hi Guys,

Sorry I could not find a place for new post and adding comment here because it is related to this post. I applied under tier-2 general visa and got refusal due to same reason as reference number of job advertisement was missing. Objection from UKBA is as:

"As your sponsor has not provided any of the advertisement reference numbers of the advertisements which were placed, the CoS does not contain all the information required by Paragraph 78 (e) of Appendix A of the Immigration Rules. As a result you have not been awarded any points for a job offer that passes the resident labour market test"

Now I want to make sure that if I should apply for administrative review? As this was mistake from home office and while approving my cos they forgot to add reference number of job, so this is mistake from home office. Please help me whether I should send screenshot of job with administrative review and ask them for the mistake from home office. Anyone has such experience please share.

Regards