Tier 5 charity worker visa refused

[buddiemm]

Please read the following questions and answers to my tier 5 charity worker visa interview :

1) What is your name, date of birth and nationality? I RESPONDED.

2) You have been to the UK before, what did you went to do? I WENT TO STUDY AT UNIVERSITY OF WOLVERHAMPTON.

3) How long did you stayed then? I STAYED FOR LIKE 15 MONTHS. WENT TO UK ON SEPTEMBER 9, 2011 AND RETURNED ON FEBRUARY 11, 2013.

4) What are you going to do now? I AM GOING TO WORK AS A CHARITY WORKER WITH XYZ COMPANY.

5) What is the charity mission statement of the company? I DON'T KNOW

6) What is the company doing? I TOLD HIM


7) How did you find the job? I TOLD HIM THE WEBSITE THAT THE JOB WAS ADVERTISED


How many hours is your job? 35HRS IN A WEEK.

9) How much is your salary? THE JOB IS A VOLUNTARY JOB, IT HAS NO SALARY.


10) Do you have any family in your country? YES MY WIFE IS WITH ME

Please that was how the interview went. Do you think question 5 which I don't give answer to can affect Me
H

[buddiemm]

Good evening. Please my tier 5 charity worker visa was refused for the following reasons :

1) The ECO stated that my tier 5 sponsor doesn't state the mission statement of the charity and does not say hpw my intended work will assist their aim.

2) The ECO stated that my sponsor does not confirm that I am not filling a permanent position including on a temporary basis.

3) The ECO stated he can not award any point for me for maintenance because he doesn't consider my CoS to be valid with the points he raised above.
Please how can the sponsor state the mission statement of the charity after issuing me a CoS? I also submitted my appointment letter which states that my work is one year temporary contract. Please help me out. I want to go for AR because my sponsor has now updated my CoS on sponsors note section that I am not filling a permanent position and they have also stated the MISSION STATEMENT on the sponsors note. Please how can I build my points for the AR. Thanks.

[CR001]

You need a new CoS if you are going to reapply. They cannot amend the CoS that has already been used.

AR is for when HO has made an error in deciding your application. What error do you believe HO has made?

[buddiemm]

The error they made was that I read on paragraph 34.2, page 158 of sponsors guidance that once a sponsor issues a CoS to a migrant they have already satisfied that the migrant is coming to work temporarily and not filling a permanent position. Also they stated that once a CoS is issued the employer have guaranteed that the migrant is coming to work on a duty that is directly related to the purpose of the charity. My sponsor said the HO has not marked the CoS as USED so that was why they were able to include notes. My appointment letter which I submitted with my application shows I am going to work on one year temporary contract

[buddiemm]

The ECO stated that for my CoS to be valid my tier 5 sponsor must demonstrate that the work I am coming to do in the UK directly assist the aim of the charity. Also he said my sponsor did not state the STATEMENT OF PURPOSE of the charity. The ECO said my sponsor did not confirm I am not filling a permanent position. But my employment letter which I submitted shows that I am going to for on a temporary contract of 1 year. That is one of the mistakes the ECO made.
Also, does my sponsor need to state the STATEMENT OF PURPOSE of his charity before issuing me a CoS?

[edsam22]

Hi

Did you submit AR for your tier 5 refusal?

if yes, how did it go?

My friend has also been refused tier 5 charity visa saying COS is not valid as it has not show that the position is not filling a permanent position, including on a temporary basis.

[buddiemm]

Yes. I have submitted AR waiting for the response. To me it seems the ECOs are not competent, may be they were not trained. If you check paragraph 34.2 of sponsors note guidance it states that : When a sponsor assign a CoS to a charity worker migrant they have already guaranteed that the migrant :

1) Is coming to do the work that is directly related to the purpose of their charity for up to 12months

2) Is not filling a permanent position including on a temporary basis.

3) Will leave the UK when their leave expires.

So when I contacted my sponsor they added a sponsor note to the sponsor note section of the CoS and I included it in my AR that my sponsor has added a sponsor note to my CoS.
Did your friend submitted appointment letter from the sponsor with his application? Because I also submitted appointment letter with my initial application and the ECO said my sponsor has not confirmed I am not filling a permanent position. Which country did he applied from?

[buddiemm]

edsam22, has your friend sent his AR? If yes what date did he sent it?

[Terrytibbs]

Hi Buddie - Any update on your AR - Am having same issue. So wondering if it is better to submit AR or a fresh application with the Sponsors mission statement attached

[buddiemm]

Terrytibbs, what was the reason for your refusal. I received the AR result and the decision to refuse my application was revoked but the administrative reviewer now refused me on a new ground saying HE IS NOT SATISFIED THAT THE ROLES ASCRIBED TO ME IS FIELDWORK. I talked to my sponsor so they are planning to give me a new CoS soon. Tell your sponsor to write a letter that will be addressed to the new ECO that will treat your application. Which country are you applying from?