Tier 2 visa refusal when switching employer

[Prat-d]

Hello,

Need urgent advise please. I applied for tier 2 visa extension about 8 weeks because I have been offered job by different employer on a different soc code. I got a letter yesterday from UKBA along with my documents stating that my visa application has been refused because my employer (NHS and A rated employer) did not meet the resident labour market test. Apparently according to UKBA the sponsorer/employer did not provide sufficient evidence to suggest that the advertisement Meet the requirement. So, I assume that it the fault/error by my employer HR. When I asked them/HR verbally before applying for visa she replied that they have completed the resident market labour test. So I don't know what to do...... I only have 14 days for appealing for a review.

The letter also says that I cannot continue working with my current employer because I applied for switching the job which is a different SOC. I am very much worried now because the letter suggest that I and my dependent should leave the country. I however, did not resign from my current employer and was waiting for visa approval. My leave to remain is valid until sept 2018 from my current employer. So can I appeal or do something to continue working with my current employer.

Please advise me asap

Thank you,

P

[vinny]

If they didn't curtail your leave, then I don't see why you cannot continue with your current employer.

Ask the letter writer to clarify their letter.

[Prat-d]

Thank U Vinny for replying,

The letter does not clearly mentions that they are curtailing my current leave. But in the decision summary there is a paragraph as below:

"You were last granted leave to work as a specialist paediatric OT under the standard occupational classification code 2222 but you have applied to work as a paediatric OT under the standard occupational classification code 2219 for London ..... NHS trust. Therefore, you will not continue to do the same job you were doing, or intending to do, when last granted leave."

I will ask for clarification from UKBA but your advise will be appreciated

Thank you

P

[Djsuccess]

Hello,

Need urgent advise please. I applied for tier 2 visa extension about 8 weeks because I have been offered job by different employer on a different soc code. I got a letter yesterday from UKBA along with my documents stating that my visa application has been refused because my employer (NHS and A rated employer) did not meet the resident labour market test. Apparently according to UKBA the sponsorer/employer did not provide sufficient evidence to suggest that the advertisement Meet the requirement. So, I assume that it the fault/error by my employer HR. When I asked them/HR verbally before applying for visa she replied that they have completed the resident market labour test. So I don't know what to do...... I only have 14 days for appealing for a review.

The letter also says that I cannot continue working with my current employer because I applied for switching the job which is a different SOC. I am very much worried now because the letter suggest that I and my dependent should leave the country. I however, did not resign from my current employer and was waiting for visa approval. My leave to remain is valid until sept 2018 from my current employer. So can I appeal or do something to continue working with my current employer.

Please advise me asap

Thank you,

P

It appears the case worker is being unnecessarily harsh.usually your current visa would remain valid even when your application was rejected. I am however not sure if that will not be the case because you applied for a different SOC.
hopefully you will get some response from more experienced people here

[Prat-d]

Thank You for your valued reply,

I check about the soc on immigration rules appendix J. After checking it I realised that My new job belongs to the same soc as my previous job which is 2222 for occupational therapist. So there is definetly some mistake about the change of soc. soc 2219 which the caseworker as mentioned in the letter belongs to some other profession. I don't know how he/she get that.

I am not sure who decides the soc. sponsorer or the caseworker. Do you think sponsorer has to write the soc when they complete certificate of sponsorship procedure. And if sponsorer writes then it might be mistake by the hr person.

Do you think I can challenge it

Thanking you

P

[paradoxical]

Did you apply for the Tier 2 visa yourself? You must have had a copy of the Certificate of Sponsorship given to you when you applied, and in that letter, it should detail the type of job with the SOC code. The caseworker can only assume that you have the SOC code for which your sponsor applied (and it is provided in the CoS letter, which you should have a copy).