Urgetnt I need your suggestions

[ncisgreat]

I am on Tier 2. I submitted application for the change of employment on november 2012. my visa was refused on january on the ground of salary. I lodged appeal and now my appeal has been allowed but told to send fresh application

Now do i need to do RLMT for new COS ?
Do i need other documents which were submitted on my first application?

I was told i cant work until i get visa now its more than 9 months i am not working and not paying any taxes. Does it affect on my ILR ?

[manci]

what was the appeal decision?
who told you to make a fresh application?
who told you that you cannot work while the appeal was pending?
have you resigned from the job you had in Nov 12?

[ncisgreat]

what was the appeal decision?
who told you to make a fresh application?
who told you that you cannot work while the appeal was pending?
have you resigned from the job you had in Nov 12?

this is the decision given by judge
"I find that the decision was not accordance with the law, that the decision remains outstanding and that the respondent should give effect to this determination by giving the appellant an oppurtunity to submit a fresh COS that sets out the correct situation."
"I allow the appellant's appeal in accordance with the paragraph above"

Yes i have resigned previous job and i went for change of employment. my visa was also expiring on November 26 2012. I was told by sponsor and also i read in ukba website i cant work while decision is pending on homeoffice. Because my visa was refused and i went for appeal i have no idea i can work with new employee or not while appeal is pending. That is why i remain unemployeed.

[manci]

The problem was that you resigned before getting a decision on your change of employment application. Had you not resigned you could have continued working for your previous employer while the appeal was pending (section 3C).

Now you need a new CoS from the new sponsor who can only assign one after having done the RLMT (unless an exemption applies) which takes 28 days. The RLMT done last year has expired, RLMTs are only valid for 6 months.

Once you have the new CoS you can apply for leave and unless the HO retained some or all of your documents you have to submit everything again as it is a new application.

[ncisgreat]

thank you manci for your responce i really appreciate it
there was reason to resign previous employer otherwise i wont need to go for change of employment. i found new sponsor but visa was refused but i won appeal means its not my fault so i don't know how ukba will see it when i go for ILR

there is no time frame given in my decision paper i don't know how much time i have for new application. I am afraid if it will be late completing RLMT for new application.

[ncisgreat]

and also what i don't understand is
RLMT is mean to find settle worker. its not my fault that is why my appeal has been allowed. my sponsor made error inserting false working hours on my COS. now judge have given his decsion and told to provide new application correcting previous error made by my sponser. now why they should complete formality of RLMT ?

[manci]

this is the decision given by judge

"I find that the decision was not accordance with the law, that the decision remains outstanding and that the respondent should give effect to this determination by giving the appellant an oppurtunity to submit a fresh COS that sets out the correct situation."
"I allow the appellant's appeal in accordance with the paragraph above"

what was "the paragraph above"?

With regard to the RLMT according to the sponsor guidance:
All CoS, restricted or unrestricted, must be assigned within six months of the date the vacancy was first advertised
Yours was (last year) but in a new CoS the sponsor has to certify that it carried out a RLMT and last years RLMT is no longer valid. I'm not sure how the appeal decision impacts on this.

I am at a loss to interpret the appeal decision, its consequences, your current immigration status and what you (or the HO) are expected to do now.

Wait for further comment

[ncisgreat]

I understand above paragraph is first two lines

I also have one quick question. Can i do priority postal service. I dont have passportbmyself

[manci]

this is the decision given by judge

"I find that the decision was not accordance with the law, that the decision remains outstanding and that the respondent should give effect to this determination by giving the appellant an oppurtunity to submit a fresh COS that sets out the correct situation."
"I allow the appellant's appeal in accordance with the paragraph above"

please quote "the paragraph above"

I am at a loss to interpret the appeal decision, its consequences, your current immigration status and what you (or the HO) are expected to do now.
Wait for further comment

http://www.ukba.homeoffice.gov.uk/visas ... plication/