Tier 2 (change of employer) refused

[UKLL]

Happy new year everyone!

Unfortunately my application for Tier 2 Change of Employer has been refused because it says my employer (an NHS Trust) has not performed the Labour Market Test properly. Actually my employer did undertake the Test properly via required channels but they did not fill in the Certificate of Sponsorship properly. They did not include the job reference numbers for those channels.

My question would be:
1. My current Tier 2 runs out in April 2019, since my application is refused and I have not handed in my notice to my current employer, I am still legally able to stay and work for the current employer. Right?

2. I think my new employer wants me to apply for administrative review, how likely the outcome would be in favour of me, or what I need to pay attention to when I apply for the administrative review?

Thank you very much!

[CR001]

1. Correct yes

2. AR will fail if the caseworkers decision was correct. AR is only usually successful if the HO made an error and if your sponsor made the error, then AR would be pointless.

[UKLL]

1. Correct yes

2. AR will fail if the caseworkers decision was correct. AR is only usually successful if the HO made an error and if your sponsor made the error, then AR would be pointless.

Hi, thanks for your reply.

I have spoken to the Home Office and they advised me that since I have made a new visa application, my old visa application is automatically cancelled and I should make a new application. Is this correct? Thanks

[CR001]

I have spoken to the Home Office and they advised me that since I have made a new visa application, my old visa application is automatically cancelled and I should make a new application. Is this correct? Thanks

No, it is not correct. Your old or current visa would only be cancelled IF your new employer Tier 2 was granted/approved.

[UKLL]

I have spoken to the Home Office and they advised me that since I have made a new visa application, my old visa application is automatically cancelled and I should make a new application. Is this correct? Thanks

No, it is not correct. Your old or current visa would only be cancelled IF your new employer Tier 2 was granted/approved.

Thank you for your reply and it somehow re-assures me.

However the advisor on the line sounded firm and he has checked with others and said he's pretty sure the old visa is cancelled! I am still panicking! I have emailed my current employer to check!

Thank you tho!

[CR001]

I have spoken to the Home Office and they advised me that since I have made a new visa application, my old visa application is automatically cancelled and I should make a new application. Is this correct? Thanks

No, it is not correct. Your old or current visa would only be cancelled IF your new employer Tier 2 was granted/approved.

Thank you for your reply and it somehow re-assures me.

However the advisor on the line sounded firm and he has checked with others and said he's pretty sure the old visa is cancelled! I am still panicking! I have emailed my current employer to check!

Thank you tho!

If you phone again, you will likely get a completely different reply. The call centre is a third party agent and are well known for giving out incorrect advice and they take no responsibility for it either.

[UKLL]

I have spoken to the Home Office and they advised me that since I have made a new visa application, my old visa application is automatically cancelled and I should make a new application. Is this correct? Thanks

No, it is not correct. Your old or current visa would only be cancelled IF your new employer Tier 2 was granted/approved.

Thank you for your reply and it somehow re-assures me.

However the advisor on the line sounded firm and he has checked with others and said he's pretty sure the old visa is cancelled! I am still panicking! I have emailed my current employer to check!

Thank you tho!

If you phone again, you will likely get a completely different reply. The call centre is a third party agent and are well known for giving out incorrect advice and they take no responsibility for it either.

Thank you very much for your prompt response, I really appreciated it.

[UKLL]

1. Correct yes

2. AR will fail if the caseworkers decision was correct. AR is only usually successful if the HO made an error and if your sponsor made the error, then AR would be pointless.

Hi,

So my new employer has made an Administrative Review application for me without my knowledge today. Am I definitely expecting the AR to be unsuccessful? Thanks