Wrong Job Title from Sponsor, License rejected

[Atish]

Hi,

This is Atish. I need a big favour here. My sponsor has applied for their license to sponsor me as a Graphic Designer as I have been involved with this company as a 'Graphic Designer' but I do all the jobs including web and everything but HO rejected my sponsor's license as the job was below NQF leve 6. My leave expires in July 17th 2014 and I don't know whether my company should reapply again with new job code of Web designer as the description closely matches with what I do in the company.

Can anyone please suggest on how the company should reapply for license again as we have just recently got the refusal letter. Could just a fresh application with a Sponsor's statement with job description would help?

Thank you in adavance.
Atish

[manci]

does your sponsor's name appear in this list:
https://www.gov.uk/government/uploads/s ... -04-17.pdf

[Atish]

Hi manci,

Thanks for the reply. I had a look and my company's name is not listed in that pdf.

Thanks, atish

[Atish]

Hi manci,

Thanks for the reply. I had a look and my company's name is not listed in that pdf.

Thanks, atish

[Atish]

Hi,

I am still waiting for advice. I am really worried. I think the only solution that i can currently see is to reapply with a statement from my company explaining the situation. Would it be alright? Does my company need to submit anything extra?? Please help...

Atish

[manci]

it is not possible to comment without seeing the full documentation and the refusal letter from the HO. The company should contact the caseworker. Assuming that the submitted documentation was in order and the only reason for refusing the licence was because the company said that they wanted to sponsor somebody (you) in a lower than NQF level 6 job then they could explain that, provided that is the case, your job is in fact at NQF level 6 and give the detailed job description and SOC code.

[Atish]

Hi Manci,

I believe all the documents so far are satisfying and there was just the problem with the Job title. I am attaching the images of the letter. I am sure you will know exact situation as you glance them. Hope it will shed some light in my situation...

atish

[manci]

first of all the company has to decide what the job and the salary offered are. The job has to be NQF level 6 with appropriate salary. The job title is less important than the detailed job description, the SOC code should be the nearest match to what you will actually be doing. Refer to Appendix J of the Immigration Rules:
https://www.gov.uk/government/uploads/s ... MASTER.pdf

If the job/salary comply with the requirements, and the company made a mistake in the original application, they could try asking for a reconsideration explaining the circumstances or, alternatively, re-apply. However, in view of the refusal they can expect detailed checks by the HO which is likely to include a visit.

The company should be familiar with the T2 sponsor guidance:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

If you will be switching from T4 or T1 PSW to T2G a RLMT is not needed.

[Atish]

Hi thanks for the guidance,

when you talk about visit, do you mean that they will come to see the company or to see what am I working on like what sort of projects and past projects that I am involved with?

Thanks

[manci]

if there is a HO visit they will cover all aspects of the licence application, incl . your job and the company's HR system which will have to be suitable for to take on board the sponsor's record keeping duties. The company should prepare for a visit by thoroughly familiarising themselves with the sponsor guidance.

[Atish]

Hi again,

I have been still waiting for reply from Home Office about the license but I don't think I will get any result until my stay here. I am just wondering if my visa runs out and I have to apply from my home country, would my company still need to take RLMT?? (considering the fact that I have already got PSW).

Thanks,
Atish

[manci]

the exemption from the RLMT only applies to leave to remain applications. Your sponsor will need to do a RLMT

[Atish]

Hi,

Just found this in guidance...for me it sounds like my company can get away without Rlmt as following block of text from guidace hints... Please advice..

Post study work

28.8 You do not have to conduct a resident labour market test if a migrant you want to sponsor is applying for Tier 2 (General) leave in the UK and has, or was last granted leave to enter, or to stay in the UK under one of the following:
a) b) c) d) e)
Tier 1 (Post-study work)
Tier 1 (Graduate Entrepreneur)
the International Graduates Scheme
the Fresh Talent Working in Scotland Scheme
the Science and Engineering Graduates Scheme. or where
f)
student and during their last grant of leave, or a continuous period of leave that includes their last grant of leave, they have received final results confirming they:
they have, or were last granted permission to stay in the UK as a Tier 4 migrant or as a
▪ have passed and will be (or have been) awarded a UK recognised bachelor’s or master’s degree, or
▪ have passed and will be (or have been) awarded a UK Postgraduate Certificate in Education, or
▪ have passed and will be (or have been) awarded a Professional Graduate Diploma of Education, or

[manci]

28.8 You do not have to conduct a resident labour market test if a migrant you want to sponsor is applying for Tier 2 (General) leave in the UK and has, or was last granted leave to enter, or to stay in the UK under one of the following:

Tier 1 (Post-study work)
you would be applying for entry clearance from home country, not for leave to remain in the UK