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Tier 2 refusal due to COS issues

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

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Saytee
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Tier 2 refusal due to COS issues

Post by Saytee » Fri Aug 18, 2017 2:56 pm

Hello guys,
I need your advise pls. I got a job in May 2017. Was given a COS to make my application in July. It was refused based on the fact that the COS did not indicate that it was advertised on job centre/ universal jobma tch. HR applied for another COS and amended it as the job was advertised on these websites 3 times last year and this year.
I reapplied again on 3rd August and it was refused again because the job was not advertised for up to 28 days. The job was advertised from 06/03/17 to 30/03/17.
Got the letter today and sent to HR. My leave to remain ended on 15/08/17.
Am so devastated.
Any advise guys. I don't know what to do. I have been on tier 2 in the last 3 years and only got this new job recently.

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makky86
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Re: Tier 2 refusal due to COS issues

Post by makky86 » Fri Aug 18, 2017 2:59 pm

Saytee wrote:Hello guys,
I need your advise pls. I got a job in May 2017. Was given a COS to make my application in July. It was refused based on the fact that the COS did not indicate that it was advertised on job centre/ universal jobma tch. HR applied for another COS and amended it as the job was advertised on these websites 3 times last year and this year.
I reapplied again on 3rd August and it was refused again because the job was not advertised for up to 28 days. The job was advertised from 06/03/17 to 30/03/17.
Got the letter today and sent to HR. My leave to remain ended on 15/08/17.
Am so devastated.
Any advise guys. I don't know what to do. I have been on tier 2 in the last 3 years and only got this new job recently.
When did you resign from previous job?
II Youths a stuff neve endures II

Saytee
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Posts: 4
Joined: Fri Aug 18, 2017 2:40 pm

Re: Tier 2 refusal due to COS issues

Post by Saytee » Fri Aug 18, 2017 3:00 pm

My contract ended on 1st of August in the last job.

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makky86
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Re: Tier 2 refusal due to COS issues

Post by makky86 » Fri Aug 18, 2017 3:03 pm

Saytee wrote:My contract ended on 1st of August in the last job.


This is a big mistake people do when they switch employer on Tier 2. You should never resign from current job until you get Tier 2 for the new job.

Wait for gurus to respond.
II Youths a stuff neve endures II

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Djsuccess
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Re: Tier 2 refusal due to COS issues

Post by Djsuccess » Fri Aug 18, 2017 4:59 pm

Saytee wrote:Hello guys,
I need your advise pls. I got a job in May 2017. Was given a COS to make my application in July. It was refused based on the fact that the COS did not indicate that it was advertised on job centre/ universal jobma tch. HR applied for another COS and amended it as the job was advertised on these websites 3 times last year and this year.
I reapplied again on 3rd August and it was refused again because the job was not advertised for up to 28 days. The job was advertised from 06/03/17 to 30/03/17.
Got the letter today and sent to HR. My leave to remain ended on 15/08/17.
Am so devastated.
Any advise guys. I don't know what to do. I have been on tier 2 in the last 3 years and only got this new job recently.
Having been refused twice because of improper RLMT, the case worker will be watching both you and your sponsor with interest especially from pre selection point of view. However, you can ask your potential employer to re advertise again and do it properly this time. You should also look for another sponsor.I guess your rejection letter will tell you how long you have to make another application.

You can wait for the gurus in the forum to provide more answer
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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makky86
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Re: Tier 2 refusal due to COS issues

Post by makky86 » Fri Aug 18, 2017 6:20 pm

Djsuccess wrote:
Saytee wrote:Hello guys,
I need your advise pls. I got a job in May 2017. Was given a COS to make my application in July. It was refused based on the fact that the COS did not indicate that it was advertised on job centre/ universal jobma tch. HR applied for another COS and amended it as the job was advertised on these websites 3 times last year and this year.
I reapplied again on 3rd August and it was refused again because the job was not advertised for up to 28 days. The job was advertised from 06/03/17 to 30/03/17.
Got the letter today and sent to HR. My leave to remain ended on 15/08/17.
Am so devastated.
Any advise guys. I don't know what to do. I have been on tier 2 in the last 3 years and only got this new job recently.
Having been refused twice because of improper RLMT, the case worker will be watching both you and your sponsor with interest especially from pre selection point of view. However, you can ask your potential employer to re advertise again and do it properly this time. You should also look for another sponsor.I guess your rejection letter will tell you how long you have to make another application.

You can wait for the gurus in the forum to provide more answer
His current leave is expired how would he stay in the country. Would he not be considered overstayer?
II Youths a stuff neve endures II

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CR001
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Re: Tier 2 refusal due to COS issues

Post by CR001 » Fri Aug 18, 2017 8:21 pm

Saytee wrote:My contract ended on 1st of August in the last job.
Were you 'contracting' or employed as PAYE with your sponsor? Was there no opportunity to renew with your previous sponsor?
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.

Saytee
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Joined: Fri Aug 18, 2017 2:40 pm

Re: Tier 2 refusal due to COS issues

Post by Saytee » Sat Aug 19, 2017 4:29 am

CR001 wrote:
Saytee wrote:My contract ended on 1st of August in the last job.
Were you 'contracting' or employed as PAYE with your sponsor? Was there no opportunity to renew with your previous sponsor?
I was only employed for 3 years and so had to apply for another job. For RMLT, the job advert were done 3 times last year but they received no response and then 4th advert posted again from 6th March to 30th March. Must it be a total of 28 days for all stages of adverts.
Thanks

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Djsuccess
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Nigeria

Re: Tier 2 refusal due to COS issues

Post by Djsuccess » Sat Aug 19, 2017 8:39 am

makky86 wrote:
Djsuccess wrote:
Saytee wrote:Hello guys,
I need your advise pls. I got a job in May 2017. Was given a COS to make my application in July. It was refused based on the fact that the COS did not indicate that it was advertised on job centre/ universal jobma tch. HR applied for another COS and amended it as the job was advertised on these websites 3 times last year and this year.
I reapplied again on 3rd August and it was refused again because the job was not advertised for up to 28 days. The job was advertised from 06/03/17 to 30/03/17.
Got the letter today and sent to HR. My leave to remain ended on 15/08/17.
Am so devastated.
Any advise guys. I don't know what to do. I have been on tier 2 in the last 3 years and only got this new job recently.
Having been refused twice because of improper RLMT, the case worker will be watching both you and your sponsor with interest especially from pre selection point of view. However, you can ask your potential employer to re advertise again and do it properly this time. You should also look for another sponsor.I guess your rejection letter will tell you how long you have to make another application.

You can wait for the gurus in the forum to provide more answer
His current leave is expired how would he stay in the country. Would he not be considered overstayer?
His current visa expired while he had an application in process. So not an overstayer until the decision was made (yesterday or so as he said). However, his rejection letter should state how long he has to make another application or leave the country. Not sure if it's 7 or 14 days after current visa expired or decision was made on his application , then he's considered an over stayer
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Saytee
Newly Registered
Posts: 4
Joined: Fri Aug 18, 2017 2:40 pm

Re: Tier 2 refusal due to COS issues

Post by Saytee » Sat Aug 19, 2017 9:19 am

Thank you so much for all your responses.
I need help pls.
Can the COS be rectified by the employer at this point or is it better to go down the administrative review route as I have 14 days grace period.
Thanks

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