Tier 2 General rejected help needed

[indigob]

Hi Experts,

I need some help in understanding if I should apply for AR for the refusal below.

Your Certificate of Sponsorship (COS) states the following with regards to how you met the
Labour Market Test: "Advertised on: Universal JobMatch ID: 2621xxxx Originally posted:
29/02/2016 Last modified: 07/09/2016 Earliest expiration: 07/10/2016, Closing date: 05/10/16
xxxxxxx Jobsite: ID: 46147BR. Posting commenced: 08/08/16 Modified 15/08/2016 Expires:
31/10/16, Closing date: 31/10/16 Recruiting agencies: advertised continuously with RE&M and
Technical Futures".
I note that your job offer letter dated 07/10/2016 with an acceptance date of 10/10/2016. The letter also goes on to say that the offer remains valid for a period of one week.
You were therefore offered and accepted the Tier 2 (General) job by before the expiry of the job advertisement on xxxxxx Jobsite (ID 46147BR), which had a closing date of 31/10/16. This undermines the credibility of your application and gives me cause to doubt that a genuine labour market test has been conducted.
I have therefore awarded you 0 points under paragraphs 76 to 84A of Appendix A and refuse
your application under 245HB(b) of the Immigration Rules. Subsequently, I have not awarded the
points that you have claimed for your Certificate of Sponsorship in accordance with paragraphs
76 to 84A of Appendix A of the Immigration Rules.


Have i misread the example in Section 28.18 of https://www.gov.uk/government/uploads/s ... 6_v1.2.pdf

You could at first advertise the vacancy for 14 calendar days and appoint any suitable settled worker who applies. If no suitable settled worker applies, you cannot appoint a migrant worker at this stage as you must advertise the vacancy for a further 14 calendar days, making 28 calendar days in total. If no suitable settled worker applies during either the first or second stage, then the resident labour market test has been passed and you can appoint a Tier 2 migrant.

Is the RLMT considered completer after the closing date of the job posting or after 28 days from the advertisement of the job. I understand that having a closing date on the job advertisement is mandatory but does it have to be past for the RLMT to be considered passed. So does it make sense to request for an AR?

[indigob]

Hi Experts,

Could any one answer my query.

[Casa]

How can you claim not to have been pre-selected when you have a written job offer issued while the position was still open for other applicants to apply?

[d7689]

Hi - how did they know your offer letter was dated before the expiry of the advert?
From the website I cannot see that offer letter is a document to be submitted for the visa application, nor is such information required in your CoS or application form?

[eduleal]

It seems this was a document requested by UKVI to the employer..?
Otherwise, indeed, how would they know be aware of this?

[noajthan]

AR is only to address any admin or procedural errors or oversights on part of caseworker;
what error or omission do you think UKVI/HO has made here?

You/employer on the other hand clearly do not seem to understand the distinction between settled worker and migrant worker.