TIER 2 Refusal - Help Required

[vin111s]

Hi Manci & Others,

I am currently Tier II dependent andworking in UK, my current employer issued a restricted cos and I have applied for Tier 2 General.

But MY Visa application is refused for the following reasons, please review and advise if there are grounds to appeal for the Admin review. I can assure that this job exists genuiienly and my employer informed me that they will apply a COS only after going through all process.

I am shocked and numb at this decision, please help what should i do from now. should I ask employee to apply new cos or apply the admin review.

Will there be any problem if i go back on my dependant visa to join my spouse. please help.

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

You attended an interview on XX in relation to your visa application, it was established that you have previous been employed in the UK by the same sponsor now, while present in the uk as a dependant, you stated that you wanted to apply for a visa in your own right for added job security

Your employer has provided screenshots of the advertised position that was distributed both internally and externally. Whilst I appreciate these documents being provided I am not satisfied that resident labour market test has been genuinely considered. The position may well have been advertised but I am not satisfied that other applicants were considered for the role

I do not find it credible that a position of IT oracle designer/developer with a strating salary of £42000 in london would attract only one applicant, who is employed and already within the company. you also stated at interview your manager was the person directed to apply for this position

Additionally, your employer has sent documentation, in the form of an email that confirms your interest in the position and confirmation from the resourcing advisor that only one applicant had applied. This was dated the 11th June 2015. This is dated the day before the closing date for applications as advertised and would add weight to the concerns that this position has not been genuinely considered and made open to the resident labour market
I am not satisfied that an open and transparent recruitment process has been conducted

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


Please advise if there are grounds to appeal for the Admin review

[Wanderer]

I do not find it credible that a position of IT oracle designer/developer with a strating salary of £42000 in london would attract only one applicant, who is employed and already within the company. you also stated at interview your manager was the person directed to apply for this position

Guy has a point!

[CR001]

It seems clear from the refusal that proper RMLT was not properly followed and documented. Given the unemployment in the UK, many people would apply even if they don't fully meet the job description.

You cannot appeal as appeals have been withdrawn/stopped some months ago for PBS migrants.

[vin111s]

My employer spoke to me saying that they discussed with UKVI and the advisor explained that when companies apply for a CoS, the home office investigate that everything has been fulfilled correctly (including the RLMT). If the home office then approve the CoS, this means that they are satisfied the RLMT has been processed correctly and that the company is allowed to issue the certificate

Therfore my company is asking me to appeal. but I am confused if this will delay my return to UK

Manci - Please help

[CR001]

Any reason why you cannot continue working for this employer on your PBS Dependent visa?

[vin111s]

Any reason why you cannot continue working for this employer on your PBS Dependent visa?

I can contnue with the current one but my spouse is on ICT and when my spouse goes back then i also need to quit and restricts me in giving a longer commitment to the organisation.

[CR001]

You can't appeal. You can ask for administrative review only.

It really does appear, based on the refusal you quoted, that your company has not complied with the RMLT process fully. In London, it is highly unlikely that there would have been no other applicants if it was properly advertised and it really does come across as if this was all minimally done, just for your benefit/job and not a full and proper process.. Sorry to sound harsh, but that is how it looks.

[Wanderer]

You can't appeal. You can ask for administrative review only.

It really does appear, based on the refusal you quoted, that your company has not complied with the RMLT process fully. In London, it is highly unlikely that there would have been no other applicants if it was properly advertised and it really does come across as if this was all minimally done, just for your benefit/job and not a full and proper process.. Sorry to sound harsh, but that is how it looks.

Yeah all sounds very fishy, for a role like this I'd expect to see over 100 applicants easily, and all pretty capable too.

[vin111s]

You can't appeal. You can ask for administrative review only.

It really does appear, based on the refusal you quoted, that your company has not complied with the RMLT process fully. In London, it is highly unlikely that there would have been no other applicants if it was properly advertised and it really does come across as if this was all minimally done, just for your benefit/job and not a full and proper process.. Sorry to sound harsh, but that is how it looks.

Many thanks for your response, i see where the questions raised from., i ll explain to the HR about this. As far as i am aware, the possition is a genuine one as the person working on this was moved out and hence position was advertised.

[CR001]

The whole process of RMLT is to prove to UKVI that there are no suitably qualified or experienced British citizens and/or settled (ILR) people and/or EU citizens available in the market to do the job which is clearly a genuine vacancy. The fact that an internal employee applicant on a temporary visa is willing and able is not the point.

[kuzaaah]

I think that explains why it is important to seek legal advice..as tiny bits of errors here and there could nullify or render your application invalid. Having a COS is just part of the triangle of requirements. These days UKVI have focused on those tiny bits that suggests if the application is genuine or fabricated.

Since your current leave to remain is valid.. why not re-apply again after your employer does the right thing in terms of advertising the role for 28 days and proving that a number of applications were received?...

However, this depends on the number of months left on your spouse's visa. If there are more than enough days left..you can submit a fresh application.

[Wanderer]

Even so it's going to be a tough one.

T2 Dependant applies for same role as T2 General and gets it. May well be the best person for the job especially as the OP is actually doing the job but no matter how many ties and bows you stick on it, it's going to look like a manufactured situation and the UKVI are going to try it on as a potential 'easy win'. Even more so if the OP's spouses main visa is due to expire which I don't think we know for sure yet.

[daeijan]

Hi there, I'm exactly in the same situation! have you managed to sort out your visa yet?