got my passport today and it was refused. below is the refusal letter.
On 26/04/17 your previous application for an Entry Clearance under Tier 2 (General) was refused for the following reasons:-
'In support of your application I note that you provided a job offer letter from XXXXXXXXXXXXX plc dated 13/01/17. This letter confirms tha you were offered the position of "XXXXXXXXXXXXXXXXXXX" on 13/01/17.
Your COS States that your employer advertised for your role on Universal JobMatch and Linkedin. However, Both adverts were placed on 12/01/17 with a closing date of 11/02/17.
You were, therfore offered the position nearly a month before the closing date of the job adverts. There, regardless of any applications your sponsor might have received, your sponsor had already offered the job to you. I can only conclude that your sponsor placed these job adverts merely to meet the requirement of tier 2, rather than in a genuine attempt to employ a settled worker.
Given the above I am not satisfied that your sponsor has conducted a genuine labour market test'
In Support of the of your current application you have submitted a letter from your sponsor dated 13/06/17 stating that a mistake was made on your previous job offer letter and an incorrect date was added. Whilst i acknoledge this statement, the information /documents submitted do not evidence your sponsors stated mistake or provide further details that evidence that the labour market test conducted as required.
Subsequently, I am not satisfied that you have addressed the previous refusal and I have not awarded the points that you have claimed for your Certificate of Sponsorship in accordance with paragraph 76 to 84A of appendix A of the immigration Rules.
My sponsor issued a letter pointing out that the date on the offer letter was mistake as it was wrongly dated.
Bear in mind that i had a previous application refused based on LABOUR MARKET TEST not conducted genuinely because of the the date on my offer letter, which was wrong dated.
the refusal letter i got the second time states as below
This is what I drafted as my Administrative review statement
Now I want know if i should go for an administrative review based on the following.
1. I would like to say that a new offer letter with that correct date(01/03/2017) was submitted with the just refused application which I beleive addresses the reason given above "Whilst i acknoledge this statement, the information /documents submitted do not evidence your sponsors stated mistake or provide further details that evidence that the labour market test conducted as required."
2. I beleive that if the previous offer letter bearing the incorrect date was required as may have been required to address the refusal reason also "Whilst i acknoledge this statement, the information /documents submitted do not evidence your sponsors stated mistake or provide further details that evidence that the labour market test conducted as required." this would have been requested for under the evidential flexibility:Paragraph245AA(a)of the Immigration Rules. that allow for 10 days to provide the required document/Information if deemed to have been available but not submitted. All documents relating to my previous application are still with Home Office as can be accessed the ECO.
3. My Sponsor also provided a letter explaining reason for the wrongly dated offer which lead to the refusal of the previous application in support of this just refused application.
Really need your advise.
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