Applying for Tier 2 (general) shortage occupation after refusal from ILR dependent

[Anu111]

I would really appreciate if you can advice me on this issue. We had a refusal for our ILR application after long wait of nearly 3 years. I was the main applicant and my husband and child were dependents.
The refusal was under general grounds paragraph 322(5) and 245CD (b) and 245CD (g) with reference to Appendix A (Attributes) and Paragraphs 19(i) and 19(j) of appendix A of the immigration rules.
The admin review was refused in January and my husband (one of my dependents) left to back country within 30 days. Me and my son applied to FLR (FP) (my son is over 7 years and born here) and living here without work rights.
Husband's employer has an A grade license and has issued him a sponsorship certificate to join them back. It is under shortage occupation category. Husband sat for the English test and the maintenance is assured by the employer. Our financial situation is very tight so that I would like your advice on my husband's application. I am not in a situation to spend for a solicitor to do his application. My main concerns are as follows.

Will the refusal for ILR as a dependent in the UK has any negative impact on his Tier 2 (general) shortage occupation application? if so, What are the documents that he need to submit?

Apart from 1) sponsorship certificate, 2) English certificate and 3) personal funds, what are the extra documents he needs to submit with his application.

We are hoping to switch to Tier 1 dependent visa once he is back in the UK.

Your advice is much appreciated. Thank you

[Frontier Mole]

So your husband was working for a UK based company that has a Sponsor licence, he has returned to India and is applying fora Tier 2 visa from that company?

That will be interesting - even as a shortage occupation not requiring a RLMT the company will still need a restricted COS. Your husband will be linked on the HO systems to you and in turn that will show that he is part of failed ILR claim.
Do not be too surprised if he is called in for interview when he applies for the visa.

I am assuming your visa has long expired? So are you now an overstayer? That might be an issue for your husbands application as they can ask where is the family and if he lies then that is a refusal and if he states the truth then that will complicate matters for you.

Are you currently reporting to the HO?

[Anu111]

Hi Frontier Mole,
Thank you for the reply. We are not overstayers. We have applied for FLR (FP) under 7 years child route. We are hoping to switch to Tier 2 dependent, Once he is back.
My husband in now in India and will be applying for Tier 2 (general) from India. It is the same company he worked for while he was here. He will be applying for 5434 chefs category, head chef per one establishment.
Should we submit documents for 5 years to prove his career, such as pay slips, contracts, paper articles, any photos and etc (some will be from the same company) ? Should we do a cover letter explaining that wife and child is living in here on a different visa and explaining about the refusal and all other?

[Frontier Mole]

Keep it simple is my advice. As a chef going for tier 2 shortage occupation route just stick to the requirements - the onus is on the Sponsor to ensure the requirements are met, so technically you do not need to submit the evidence. In my humble opinion only submit the evidence of the five years as a head chef. Do not over complicate things.

There will be a high degree of scrutiny of the application because his current employer is sponsoring him under Tier 2, there are likely to be questions on this at interview.

Remember he has to declare the ILR refusal on the application.

Good luck

[Anu111]

Thank you for the reply and advice.