Tier 2 General Visa Refused - Please HELP

[moondust]

Hi All,

I have applied for a Tier 2 General Visa (from outside UK).
My employer had assigned a restricted cos to me on 14th September 2015 and I have applied for Tier 2 General Visa. But my Visa application is refused, mainly because UKVI thinks that the employer has not followed the process correctly. Please review my case and advise if I can go for Admin review.

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Below is what the entry clearance officer has to say about the denial -

It is indicated in the CoS that a Resident Labour Market Test has been conducted by the Sponsor.

I am not satisfied that your sponsor has met the resident labour market test requirements as required by appendix A paragraph 78.

During the Visa Interview, lt was established that you have previously been employed in the UK as a Tier 2 ICT

According to the CoS, the job you are presently seeking to take in the UK was advertised
12th July 2015 - 23'rd August 2015 with Reeds
12th July 2015 - 11th August2015 with Monster and
03'rd July 2015 - 26th August 2015 with JobCentre

At interview you stated that you whilst back in your home country you were contacted by HR (UK Employer) who checked your availability for the position.
You then stated that you were interviewed by your old boss, from your time in the UK and offered the position.
You stated that you were interviewed for the role on the 14th August 2015 and then offered the position on the 17'th August 2015. This is before the closing dates of the advertised role. Therefore I am not satisfied that the resident labour market test has been genuinely completed, particularly given the above, your previous employment with the company, the fact that your old boss interviewed you for the role and that you were contacted for the role rather than applying through open sources.
I am not satisfied that an open and transparent recruitment process has been conducted given the discrepancies in the answers to the questions regarding your recruitment.
There is no indication that the job was advertised as required by Appendix A paragraph 78. Consequently I have not awarded any points for your Certificate of Sponsorship.

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Am I wrong in thinking that although i was interviewed and offered the job before the closing dates of the job applications, it was only after 28 days (minimum time required to pass the RLMT). That way we have completed the RLMT successfully before i had been even interviewed and offered the position.
Can I establish this as the grounds on which i can request for an admin review.

Also, do you see my previous connection with the employer as a potencial issue and can the case worker refuse my visa again, solely based on this fact.

Please let me know your valuable thoughts.

[Wanderer]

So you were offered the job before RLMT was completed. Was anyone else interviewed?

[moondust]

Sorry, just for my clarification, when can we say that the RLMT is completed.
1. When no suitable candidates were found and the job has been advertised for 28 days. Can a migrant be interviewed and offered the job at this stage although the job is still being advertised?(My Case)
2. When no suitable candidates were found untill the closing date of the applications. Does the migrant has to be interviewed and offered job only after the closing of applications.

And I am not sure if other candidates were interviewed or not.
I will try to get that info from the employer.

[matlondon]

Hello,

As far as i know you should be interviewed/ offered the position only after the RLMT.

(but again I don't know if you need to also be one of the applicants through Reed/ Monster etc) or your employer could have contacted you directly because he knew you, or through other references.

[CR001]

Your potential sponsor would have also had to provide evidence of how many applicants they had and who were not successful for the position otherwise it will appear as if the process was only partially done but you were always going to be the applicant of choice from the start.

[moondust]

Your potential sponsor would have also had to provide evidence of how many applicants they had and who were not successful for the position otherwise it will appear as if the process was only partially done but you were always going to be the applicant of choice from the start.

Thanks for your reply. The employer is more than willing to provide this information but I cannot send any additional information with the admin review form.

Please advise how the employer can send this information to UKVI.

[moondust]

Sorry, just for my clarification, when can we say that the RLMT is completed.
1. When no suitable candidates were found and the job has been advertised for 28 days. Can a migrant be interviewed and offered the job at this stage although the job is still being advertised?(My Case)
2. When no suitable candidates were found untill the closing date of the applications. Does the migrant has to be interviewed and offered job only after the closing of applications.

And I am not sure if other candidates were interviewed or not.
I will try to get that info from the employer.

Experts, please advise and let me know what you think of my case.
I am really stressed.

[matlondon]

From my understanding, this is the procedure.

Your employer would HAVE to have provided all the details of the applicants, and the interviews while applying for your COS.

- List of all the applicants shortlisted for the interview.
- The applicants must be interviewed only after the ads expire.
- List why the potential candidates/ applicants were rejected. (interview nots along with dates etc)

Hope this helps?

[moondust]

He has already provided this information while applying for my cos.
(I wouldnt be able to pass on this information to UKVI because as per them, I cannot provide any additional documentation as part of the review request.) But my question now is, can I even request for an admin review. From my case, do you see any grounds to put a strong case for the review or not.

[Frontier Mole]

Your wasting your time seeking a review. You were pre selected for the role and the RLMT was a nonsense event due to your pre- selection.
You will not be working for that employer going forward as quite simply it is not a genuine vacancy open to UK/EEA residents.
I can almost certainly guarantee that the Sponsor will so receive a visit from UKVI and they will have their licence suspended / revoked

[hee]

From my understanding, this is the procedure.

Your employer would HAVE to have provided all the details of the applicants, and the interviews while applying for your COS.

- List of all the applicants shortlisted for the interview.
- The applicants must be interviewed only after the ads expire.
- List why the potential candidates/ applicants were rejected. (interview nots along with dates etc)

Hope this helps?

Hi Can you please provide me UK BA links to prove the above three points you mentioned. Why can not sponsor do the interview during RLTM for applicants short listed for the interview (I mean during 28 days of Job Posting)

[matlondon]

Hi Can you please provide me UK BA links to prove the above three points you mentioned. Why can not sponsor do the interview during RLTM for applicants short listed for the interview (I mean during 28 days of Job Posting)[/quote]


- Interviewing before the closing date 'implies' an applicant was favoured / pre-selected. So it is not a fair and open recruitment process. (in fact not just the migrant, ANY prospective applicant should be interviewed only after closing date) The website doesn't state this point specifically, but looking at numerous previous cases been refused for this very reason, any risk should be avoided.

https://www.gov.uk/government/uploads/s ... _04-15.pdf

states clearly:

You must retain the following documents from any recruitment process:
• All applications short-listed for final interview, in the medium they were received. For
example, emails, CV’s, application form etc. This should include the applicants
name, address, etc; and
• The names and total number of applicants short-listed for final interview; and
Notes from the final interviews conducted and for each EEA national who was rejected,
showing reasons why they have not been employed.

[Casa]

Surely it's common sense that if the position is still advertised, then it remain opens for UK/EEA applicants. Offering it to an foreign national before the date of closure, even more so after direct contact by the employer, is unjustifiable.

[hee]

Hi Can you please provide me UK BA links to prove the above three points you mentioned. Why can not sponsor do the interview during RLTM for applicants short listed for the interview (I mean during 28 days of Job Posting)

- Interviewing before the closing date 'implies' an applicant was favoured / pre-selected. So it is not a fair and open recruitment process. (in fact not just the migrant, ANY prospective applicant should be interviewed only after closing date) The website doesn't state this point specifically, but looking at numerous previous cases been refused for this very reason, any risk should be avoided.

https://www.gov.uk/government/uploads/s ... _04-15.pdf

states clearly:

You must retain the following documents from any recruitment process:
• All applications short-listed for final interview, in the medium they were received. For
example, emails, CV’s, application form etc. This should include the applicants
name, address, etc; and
• The names and total number of applicants short-listed for final interview; and
Notes from the final interviews conducted and for each EEA national who was rejected,
showing reasons why they have not been employed.[/quote]

Thanks for detail reply -

I can understand that we can not interview the migrant worker during RLTM - but during 28 days period, as soon as sponsor gets applications from applicants who do not require visa to work, they can start interviewing and keep documents / notes which Home office mentioned - but if sponsor finds suitable worker who do not require visa during RLTM time, sponsor can recruit him and close the posted job from job sites - right ? Why to wait for closing date of posted job ?

Please let me know if I am missing any thing in this context.

And one more thing How many hours we need to work as an employee as per soc codes ?

[matlondon]

I am not an expert... I'm giving you an answer based on my understanding and observations.

If an employer finds a brilliant EU applicant on day one, they can interview him and take down the job post on the second day. - But that is not the purpose of the RLMT

RLMT is a very specific procedure for applying for a COS. That is why they ask to specify very clearly the opening and closing date on the ad. So don't confuse it with just another recruitment advert in the newspapers.

As the caseworker put it : "Therefore I am not satisfied that the resident labour market test has been genuinely completed"


The operative word here is 'genuine'. So if SHE believes that someone was interviewed or pre- chosen before all the applicants are given a chance, then she has the right to refuse based on it.

So it is important to make every step fool-proof, black and white and no greys.

You need to show minimum 30 hours a week for it to qualify as a full time position.

[matlondon]

I apologise, I think the minimum you need to show is 35 hours a week and not 30. Please check with the experts on this.

[moonlight55]

-

[noajthan]

Hi all

I applied for my tier 2 visa from Mumbai on 25th jan

I got an interview call from the british high commission on feb 5th.

...
...

@dreamerr, it is somewhat rude to hijack another member's thread.
And the responses get jumbled up between the 2 cases - this makes it very hard for anyone to understand who is responding to whom.

I have moved your case to a separate thread:
http://www.immigrationboards.com/uk-tie ... 02664.html

[dreamerr]

I am really sorry

I just made my account yesterday.

Was panicking and hence wrote it here. Then learnt to create a new post.

Please accept my apologies

[noajthan]

I am really sorry

I just made my account yesterday.

Was panicking and hence wrote it here. Then learnt to create a new post.

Please accept my apologies

Don't worry, its a fyi & its sorted out now.

It will be easier for people to help you with all your points in same place.

[vijayj]

So at what stage employer have to issue offer letter.
Before CoS request OR after CoS approval on 11th ?