T2 Visa Ex Refused: OccupationCode is no longer on AppendixA

[dogra]

Hi guys
Please help me with the my visa refusal

My visa history
Jan 2009 Granted Leave to enter UK
Dec 2010 Granted Leave to remain as Tier 4 General Student
July 2011 Granted Leave to remain as Post Study Migrant
July 2013 Granted Leave to remain as Tier 2 General Migrant till 4 JULY

I applied for extension on 18 June 2016 via postal application. Got refusal letter on 5 August 2016.

The refusal letter states that
"Your application for leave to remain has been refused.

We have considered your application for leave to remain under tier 2 of Points Based System and have refused it. You can apply for administrative review of this decision.

What this means for you
Your application to extend your stay in the UK has been refused. If you think an error was made in the decision you may apply for an administrator review. "

Reading the above it looks like administrative review is the only option available. If the situation demands Can I reapply or appeal against the decision?

The second page of the letter states that
"The secretary of the state is not satisfied that the job you are being sponsored for meets the minimum required skill set as defined in Appendix A and the code of Practice.

In the line with Appendix A and with reference to Appendix J of the immigration rules we have therefore, been unable to award points for sponsorship.

Your certificate of sponsorship states that your prospective employment most closely corresponds to occupation code 3217 on the Home Office's code of practice for sponsors. This occupation code is not on the list of NQF level 6 occupations as stated in the codes of practice

You do not qualify for the NQF 6 level skill exemptions as laid out in appendix A of the immigration rules. Therefore the skill of the job you are being sponsored should be atleast NQF 6 level"

Main points below
1. I received the refusal letter on 5 August 2016.
2. Last time i.e. in 2013 I was offered extension on the same code. Internet search has revealed that this code was removed in the recent Appendix A update on 14 July 2016. That is after I had already sent my application.
3. My leave to remain has expired on 4 July 2016.
4. I qualify the maintenance of funds and English Language criteria.
5. My employer has one extra Certificate of Sponsorship; And he is willing to help me in all the ways possible
6. Shall I reapply putting NQF level 6 job occupation? If yes, Do we need to do RL market test?

Thanks in Advance

[CR001]

Reading the above it looks like administrative review is the only option available. If the situation demands Can I reapply or appeal against the decision?

There are no appeal rights available to you. You only have AR now and if that fails you can try the expensive JR.

[dogra]

Reading the above it looks like administrative review is the only option available. If the situation demands Can I reapply or appeal against the decision?

There are no appeal rights available to you. You only have AR now and if that fails you can try the expensive JR.

With consultation from my solicitor I am going to file a fresh application with correct occupation code and new certificate of sponsorship.