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Change in tier 2 refused

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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md001
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Joined: Fri Oct 28, 2016 3:19 pm

Change in tier 2 refused

Post by md001 » Fri Oct 28, 2016 3:35 pm

Hi experts,

I was wondering if you could help resolving my query. I am currently on Tier 2 (General) which expires on 14/02/2019.

I applied for a change in Tier 2 (General) leave as I had a new job offer with a valid restricted CoS - this application was refused as apparently the employer did not meet the standards of Resident Labour Market Test. I have requested an administrative review as myself and my employer believed we had enough information to overturn this decision.

If in the worst case scenario my administrative review is failed, can I still continue to work with my existing employer? I had not stopped working with my current employer (and still have an ''active'' sponsorship/CoS). Will this affect my ILR as I will be eligible for one on 09/03/2018.

I would be really grateful if you could shed some light on this for me.

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CR001
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Re: Change in tier 2 refused

Post by CR001 » Fri Oct 28, 2016 3:38 pm

The refusal has no impact on your current visa and your current employer will not have been notified of the application or refusal.

Did you new sponsor complete the full and proper RLMT and have evidence of why you are suitable and not an EU/BC or ILR person?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

md001
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Posts: 5
Joined: Fri Oct 28, 2016 3:19 pm

Re: Change in tier 2 refused

Post by md001 » Fri Oct 28, 2016 3:47 pm

Thank you for your prompt reply. Much appreciated. Yes, the new employer had conducted a full RLMT - posted job adverts twice (1st for 2 weeks on NHS Jobs and JobCentre Plus, 2nd for 17 days on NHS Jobs and JobCentre Plus).

Apparently the new employer did not state the JobCentre Plus Vacancy reference numbers on CoS which we have provided in administrative review).

ramindia
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Posts: 30
Joined: Thu Oct 24, 2013 8:28 pm

Re: Change in tier 2 refused

Post by ramindia » Sat Nov 05, 2016 8:38 pm

Hi

Did you get the Visa after administrative review, i know its is employer responsible to mentioned in CoS.

what is the status of your Visa approval ?

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