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Tier 2 visa-Refusal of Entry clearance-Doctor- HELP!

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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aooi
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Joined: Mon Feb 22, 2016 6:00 pm

Tier 2 visa-Refusal of Entry clearance-Doctor- HELP!

Post by aooi » Mon Feb 22, 2016 6:14 pm

Dear all,

I am currently working as a doctor holding a tier 2 visa in the UK which will expire in 2017. I received a job offer for a specialist registrar which has undergone labour market testing.
I went back to Malaysia for a holiday and decided to apply for a new tier 2 visa from Malaysia with my certificate of sponsorship from Health Education England. Unfortunately I have been refused entry clearance on the basis of Paragraph 77D of Appendix A, only the following COS are valid in support of an application for entry clearance under Tier 2 General.
-Tier 2 (general-new hires-restricted)
-Tier 2 (general-New Hires-High earners over 155,300 pounds)

I have written to Health education England and they have replied as below.
As you currently hold a Tier 2 visa to work in the UK, the CoS that you were issued is correct, however, you can only apply for within the UK. Please review the following link: https://www.gov.uk/tier-2-general
The Home Office have looked into your case and they have stated you have applied outside of the UK which is not permitted. Therefore unfortunately your application was declined.
Please can you let us know whether you are now back in the UK or whether you are still outside of the UK.
Unfortunately we cannot issue a new COS as you have a refusal tier 2 leave to remain application and your current employer would have started the curtailment of your current visa.
I strongly advice that you gain immigration advice immediately regarding your situation as we will not be in a position where we can issue you a new COS as the RLMT date has expired.

I would like to ask if my COS is still valid, and would I be able to go back to the UK (using my still valid UK visa) to reapply from within the UK?
Should I asked for an administrative review of my application instead.
Please help!!!
Many thanks.

iworker
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Re: Tier 2 visa-Refusal of Entry clearance-Doctor- HELP!

Post by iworker » Tue Feb 23, 2016 9:19 am

your current visa is valid. (but see below)
your cos has expired or 'used' as per correct term.
you can not apply for AR.
you should travel back to uk and start workign for your original employer if you havent yet finished with them.
if you did resign and they have informed the ukvi, you will not be allowed back in the uk.

rlmt is valid for 6 months, and they will have to do it again to assign u a new cos. If you did resign from job, your current visa would have finished (curtailed), you will also be on cooling off period now and can not apply for a new visa for 1 year.

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