refuse due to invalid CoS

[rjayamos]

Hello everyone,

can someone please give me an advise regarding my previous application for Tier 2 (shortage of occupation) visa. It was refuse because my employer did not provide an RLMT since nursing is now required to provide this requirement as stated in immigration rule change last november 2016. However, my question is, why would UKVI would issue a CoS in the first place if the sponsor was unable to provide all the necessary document like the RLMT. Can this be a subject for an administrative review for reconsideration? thank you in advance.

[Casa]

Latest changes to Tier 2
http://www.nhsemployers.org/your-workfo ... tem/tier-2

November 2016

In November 2016 the Home Office published changes to the Tier 2 (General) immigration route to come into effect on 24 November 2016. The key changes include the requirement for employers to carry out a RLMT before recruiting a non-EEA nurse (although nursing will remain on the shortage occupation list, the RLMT will apply) and an increase to the minimum salary thresholds to be eligible under the Tier 2 route.

AND

Unsuccessful applications

If your application is not successful and you wish for it to be re-considered the following month, you will need to re-submit the application along with the relevant paperwork. You are not required to pay to have your application considered. Employers will have to determine how many times they continue to re-submit applications for consideration if they are repeatedly rejected. Be mindful that the current rules only allow a CoS to be granted within six months of the advert being placed.

[vinny]

Unfortunately, the sponsor's fault does not help you satisfy the RLMT requirement.

[rjayamos]

Latest changes to Tier 2
http://www.nhsemployers.org/your-workfo ... tem/tier-2

November 2016

In November 2016 the Home Office published changes to the Tier 2 (General) immigration route to come into effect on 24 November 2016. The key changes include the requirement for employers to carry out a RLMT before recruiting a non-EEA nurse (although nursing will remain on the shortage occupation list, the RLMT will apply) and an increase to the minimum salary thresholds to be eligible under the Tier 2 route.

AND

Unsuccessful applications


If your application is not successful and you wish for it to be re-considered the following month, you will need to re-submit the application along with the relevant paperwork. You are not required to pay to have your application considered. Employers will have to determine how many times they continue to re-submit applications for consideration if they are repeatedly rejected. Be mindful that the current rules only allow a CoS to be granted within six months of the advert being placed.

@Casa and @vhinn

Thank you for your reply.

Unfortunately it says in my refusal letter that new application should be done if my application is refuse, further i must provide another Cos, because it says to the EOC's coment that a CoS can only be use once whether the application is successful or not. Want i want to know is there a chance to overturn this decison since thet CoS that have been provided by the UKVI was invalid. Although there was a mistake from the sponsor, the application for the CoS should have been refuse initially if it will be consequently rejected when i apply for the visa.

[hitsis]

If this is in country application, the sponsor simply assigned the CoS to you. It's the employer's responsibilities to ensure all requirements are fulfilled, not UKVI.