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nikita10 wrote:Thanks for the quick reply. I'm trying to pin down the best solution for this keeping in mind the future applications (changing employer) and quick decision.
the appeal is simply to gain time so that you can continue working. Nobody is going to look at the case for several months (you will get a notification of the hearing date) and you will withdraw the appeal and re-apply with a new Cos in any case before it comes to the hearing. For the re-application use the premium or priority postal service (and get the company to pay for it)
- If I appeal, I'm basically saying that a case worker didn't do his job properly (which is not true)
appeal within the time limit AND request reconsideration. The appeal is to the tribunal, the request for reconsideration is to UKVI - they are two different entities independent of each other
- If I go for reconsideration, then I'll lose the right to appeal as it expires within next 5 days
- If I go for reapplication and it gets refused due to my previous failed attempt, I'll have no option but to go back
no, the previous refusal will have no bearing on the new application.
Money shall not be an issue now, I've sorted that out with my company. In your experience, which is the best way out?
Again, many thanks for your help.
-N
Jeeves wrote:Not wanting to start an argument but... people making appeals just so they can keep working under 3C has probably influencd the decision by the Home Office to take away appeal rights.
May be so but that is at policy level and the OP is an individual with a problem probably due to an all too frequent mistake by HR personnel not properly trained in immigration matters.
The appeal form includes a declaration 'I, the appellant, believe the facts stated in this appeal form are true' - I don't see how someone can sign against this if they are openly admitting that the reason they disagree with the decision is just that they want to keep working and that the reason for refusal is correct.
The appeal would be on the basis that the sponsor made a mistake in the CoS but has since assigned a new CoS. The OP would be justified signing the statement of truth if that is the case. The outcome of the appeal is uncertain but under the circumstances the presenting officer may withdraw in the knowledge that the OP could re-apply and have his application granted. The problem is that the OP may not be in a position to re-apply now if only a few days are left before the period allowed for the appeal runs out. As the appeal hearing is likely to be some months in the future if he appeals he will have time to organise the re-application incl. the new CoS (which the sponsor may not be able to assign immediately if they don't have an allocation available).
With regards to reapplying, the sponsor needs to be certain that the SOC they pick is the correct one for the job. Just because the one that used the first time was NQF 4 doesn't mean it was the wrong one - it could just mean the job doesn't qualify.
of course
prashu7 wrote:Hello Manci,
I am under a similar situation and has no idea what are the next steps I hope you could help me.
My company took sponsorship licence in July first week in order to provide me CoS.
My current leave expired on July 18th and I applied Tier 2 on July 10th. HR has provided me with the Sponsor licence number instead of COS and I am completely unaware of this. I asked for CoS and she gave me this number saying this is CoS. On 6th of August I happened to see one of my friend's certificate of sponsorship and went back to my HR to confirm if she provided the right number. She then realised her mistake and Assigned a CoS. I have posted this with a hand written letter to UKVI explaining the situation.
But on 8th of August we received refusal letter. Which mean even before they received my CoS my application was refused.
What can I do now? appeal re apply? Can I re apply from with in the country as y current leave has expired?
read the whole of this thread (above).
you can re-apply in-country within 28 days of the date of refusal with a new CoS but double check the application, especially SOC code and salary, because you won't get a right of appeal if it is also refused. If you re-apply use the premium or priority postal service because unless you appeal you can only resume work once your new leave has been granted - and get the company to pay the visa fee.
manci wrote:Jeeves wrote:Not wanting to start an argument but... people making appeals just so they can keep working under 3C has probably influencd the decision by the Home Office to take away appeal rights.
May be so but that is at policy level and the OP is an individual with a problem probably due to an all too frequent mistake by HR personnel not properly trained in immigration matters.
The appeal form includes a declaration 'I, the appellant, believe the facts stated in this appeal form are true' - I don't see how someone can sign against this if they are openly admitting that the reason they disagree with the decision is just that they want to keep working and that the reason for refusal is correct.
The appeal would be on the basis that the sponsor made a mistake in the CoS but has since assigned a new CoS. The OP would be justified signing the statement of truth if that is the case. The outcome of the appeal is uncertain but under the circumstances the presenting officer may withdraw in the knowledge that the OP could re-apply and have his application granted.
The problem is that the OP may not be in a position to re-apply now if only a few days are left before the period allowed for the appeal runs out. As the appeal hearing is likely to be some months in the future if he appeals he will have time to organise the re-application incl. the new CoS (which the sponsor may not be able to assign immediately if they don't have an allocation available).
[/b]
The story of "rachelsaver" is interesting and relevant in this context:
http://www.immigrationboards.com/uk-tie ... 38808.html
With regards to reapplying, the sponsor needs to be certain that the SOC they pick is the correct one for the job. Just because the one that used the first time was NQF 4 doesn't mean it was the wrong one - it could just mean the job doesn't qualify.
of course
nikita10 wrote:Just got the news that my visa has been approved. Thanks for the support and quick answers. It really helped. For everyone's reference, here is the timeline:
7th August - I applied for a priorty application
11th August - Application received and processed by HO
13th August - Biometric
19th August - Visa approval letter received (letter is dated 15th August)
Sorry I just saw this post. Please find the details below:manci wrote:@nikita10
It would be helpful if you described what process led to the granting the leave: appeal/re-application/reconsideration
First of all things, please stop going to work as you're not entiltled to work anymore and ask your HR to provide you with a suspension without pay letter to cover your back. Your stay in UK upto 28 days (grace period) from the visa expiry date is disregarded. Generating a CoS is an employer responsibility and your visa application was clearly refused because of a mistake made by them. If HR is not capable to handle "immigration" and don't know what they're doing, then they shouldn't really take charge of this in first place. They should hire a professional consultant who deals with such matters. You can politely ask them to for compensation later once you've the new visa.kobrakai wrote:Hi guys,
First timer - similar case. I'm sure guru like manci deals with this case many times and still happy to help.
I've just received my refusal of tier 2 extension to say that it is inapproriate salary against SOC2010. We found out the job code selected under the CoS has got higher salary from the salary i'm on now. My visa expired on 14th Jan. The date of the refusal letter is 19th Jan, although the letter only came through the post last night. My employer isn't trained in hiring non-EEU so they need my guidance. As it stands, no more allocation of CoS is available on the SMS to be re-created with the correct job code, description and salary that is close to my real job. So according to what i've read from this thread, the move at the moment is to get them to assign a new CoS, me re-applying, and at the same time seek for an initial legal advice from immigration barristers whether or not we're gonna go down the appeal route.
If I was to re-apply, I'm thinking I should select up to 3 years rather than my refused application of over 3 years. This is because I may not be able to afford the same cost of over 3 years application.
On top of that, should my re-app in premium service? (also doubting the extra cost and the next availability appointment because time is against me). Also, the company isnt paying my visa. They only pay for allocating a CoS.
How immediate is allocating and assigning a new CoS as well as sending my re-app? At the moment, I still go to work as per normal.
I'm really trying to look for solutions from as many different sources as I can find. I will also find some financial help from friends and family.
Please could I ask for your kind advice what would be my wise move? Many Thanks