Tier 2 might be refused. Please help!!!!

[yunhui]

Dear Gurus,

My company has submitted CoS application for me last friday. But i found out she has only posted my labour market test for seven days, and she didn't include the salary package and job location.

There's chance that the CoS application will be rejected. But what i am most worried is that CoS might still be assigned but my Visa Application will be refused.

I have contacted HR twice regarding this issue but she only told me not to worry. I am still very worried and I have a few questions to consult:

1) Is there anyone who has similar situation but still get the visa successfully?

2) My current visa (Tier 5 two years) will be expired on 05/08/16, is there chances that this situation will be solved in time?

3) What is the best way to tell my HR to re-apply CoS even though the CoS application might be successful?



Thank you very much for your help!!

[CR001]

RLMT has be done for 28 days. That alone is a problem if they have only posted RLMT for 7 days.

What category of Tier 5 visa are you on?

[yunhui]

Dear CR001, many thanks for the prompt reply!

I am on Tier 5 YMS.

I know the RLMT is certainly a problem. But there might be chances CoS will still be assigned.
Should I tell my HR to withdraw application of CoS now?

[CR001]

Are you applying from your home country? You can't switch within the UK from YMS to Tier 2 G.

https://www.gov.uk/tier-2-general/switch-to-this-visa

If RLMT is not properly completed per HO strict guidelines, the application will likely be refused anyway.

[yunhui]

Thank you again Yes I will be in my home country soon to reply.

I really hope that the CoS application will be rejected! Then i can request a new one to secure my visa application...

Is the CoS application very likely to be rejected?

[Wanderer]

Thank you again Yes I will be in my home country soon to reply.

I really hope that the CoS application will be rejected! Then i can request a new one to secure my visa application...

Is the CoS application very likely to be rejected?

Seems there is an element of pre-selection here too....

[CR001]

Possible if the full and proper RLMT process has not be completed. If the CoS is issued, the visa will likely be refused/rejected.

The company should, as a priority, start RLMT again for the full 28 days before offering you the position or issuing a CoS. The sponsor has to prove, with evidence, that you are not pre-selected and that no British/settled or EU nationals can do the job. What is the job anyway?

[eefa05]

Last August I went from a Tier 5 YMS to a Tier 2 and it was the most stressful thing ever. It could be rejected i it was not done properly. I am assuming since you said that they put a cos application in you are waiting for the next meeting in july to get approval. If the RLMT is not done correctly, it will probably be rejected and then you have to wait a whole other month, as well with the 28 days to advertise, before you can submit for a rcos, you may be waiting longer. The guidelines are very specific for the RLMT and your company must follow them and be precise as they will reject if it is not done properly. I ended up back in my home country for 3 months until it was finally done correctly.
As well, if it does get approved and you get the rcos, you also run the risk that when you apply, and pay all the money, it could be rejected as well because they will look in to see if everything was done correctly. That was the first issue I had, because my company incorrectly applied for a ucos which was not correct for my situation, I had no idea but it got immediately rejected for being the wrong cos when I applied for the visa.
But if your company is saying to wait and see at this point, you can only wait.

[delilah]

Hi Yunhui, any updates on your application?