Post
by Rawshan28 » Fri Jul 17, 2015 8:37 pm
Dear Members,
I have recently made an Application on Tier 2( general) switching from Tier 4 (general) to Tier 2 and on the 13th of july,2015 I have been refused by Home Office.
Reason for refusal:
1. As you do not qualify for exemption to switch from Tier 4(General) into Tier 2 (general), your sponsor is required to conduct a Resident Labour Market Test that is appropriate to the job you wish to undertake, as defined under Appendix A of the Immigration Rules.
2. Appendix A and the code of practice state that the job you wish to undertake should have been advertise in the jobcentre plus , jobcentre online or Universal online job match and the vacancy has to have a valid vacancy referencen number.
My scenario:
I came to UK 5th August, 2007 as a student and I have extened my visa 14th October, 2011 under
Tier 4(general) and I have extended my studen visa several times under tier 4( general). I have finished my undergraduate 2014 and I went to do level 7 course in a private funded college and my visa was valid till 30th August, 2015. In the mean time my college licence was revoked and I had been given 60 days letter which was till 10th Aprl, 2015.
Then I have made an application under tier 2( general) on the 8th April,2015 with company’s job offer letter while they were awating CoS allocation. After couple of weeks later they were unable to provid eme CoS . In the mean time I have had a job offer from another employer and I have applied through reed.co.uk and they have issued me the CoS while I was waiting for the biometric letter and I have sent out the CoS to the Home Office with variation cover letter regarding the company switch before I had given any decision.
Also my employer have clearly mentioned in the CoS where I have applied the job and job reference number. As I was switching from tier 4 to tier 2 I was exempted form RLMT because while I was doing my variation my application was with home office and no decision was give till I have done my biometric after the variation.
I have never been refused before neither been overstayed.
I have also attched part of the refusal letter and I would kindly request to all the members to have a look at it and please help me with your suggestions and advice which will be much appreciated.