Tier 2 General - things to watch out in cos to avoid refusal

[prashanthphp]

Hi,

I recently tried to switch employment in december 2016 and my application got refused due to incorrect COS. I am going to re-apply. I am bit nervous and would like to know few things

1. Do i get blacklisted or effect on me if my application is refused again
2. What are the things to watch in cos generated by company?

Thanks,
Prashanth

[CR001]

1. Do i get blacklisted or effect on me if my application is refused again

No. But you can expect a higher level of scrutiny of your application.

What was 'incorrect' about the CoS? What exactly was the issue and reason for refusal?

Is it a genuine sponsor, i.e. not an umbrella company?

[srsw]

Hi,

1. Do i get blacklisted or effect on me if my application is refused again. No, unless the reason for rejection is deception by you. What mistake happened in COS in your previous application?

2. What are the things to watch in cos generated by company? Make sure RLMT rules are strictly followed, salary requirements are met, right SOC code is used, uCOS if applying from within UK (not rCOS).. read the guidance a few times to see if your new employer has met all rules (sometimes even HR people are not 100% sure due to your circumstances, frequent change of rules, etc.), so ask them to confirm all details before they assign the COS

[prashanthphp]

Refusal was due to RMLT as job adverts were not in the last 6 months. It was a genuine company and I am applying for the same company and position. Do I need to mention this for while making the new applicaiton?

[srsw]

It's not clear. Did they not advertise as per RLMT requirements , i.e for 28 days n in minimum two different websites?

Yes, in the application there will be a question about previous visa refusals n you do have to mention abt all previous visa refusals.

[rubyracer2]

Refusal was due to RMLT as job adverts were not in the last 6 months. It was a genuine company and I am applying for the same company and position. Do I need to mention this for while making the new applicaiton?

They will have to run RLMT ads again as per guidelines. They also need to maintain a record of how many people applied from EU/UK and non EEA region. And why they were not selected. This doesn't have to be submitted to Home Office but the employer has to maintain and Home Office may demand it later.

After the new RLMT is done you can apply again. You won't be blacklisted because there was no deception but there might be questions around pre-selection because you were clearly offered a job before the second RLMT was conducted. It depends on the discretion of the caseworker.

[prashanthphp]

Thank you guys

@rubyracer2 are you suggesting to submit the recent conditional offer letter I've got while submitting my application?