wrong sub category- tier 2 visa rejected

[ssunny]

Hi All,

My wife is currently a tier 2 ICT dependant. Her employer had got her a tier 2 General COS and she applied with the COS number from India.

The visa got rejected as the employer had chosen sub category 'Tier 4 dependant switching to Tier 2' instead of 'new hire'. It was the first application her company was making and to them she was a dependant and not a new hire literally.

This was completely unaware to my wife as she made the visa application only using the COS number and she had gone back to the home country and applied as a 'new hire' is supposed to do.

Could you guys please suggest if there is a scope of challenging this decision, given that there is no separate quota for 'tier 4 dependant switching to tier 2' and she had applied from the home country.

Thanks.

[sptula]

maybe she could reapply for visa with correct category again

[ssunny]

yes...getting a new COS is the way out...but with december being over oversubscribed the chance of getting one till april is quite gloomy. That's why was wondering if challenging would work.

[sptula]

yes...getting a new COS is the way out...but with december being over oversubscribed the chance of getting one till april is quite gloomy. That's why was wondering if challenging would work.

can you not use the same CoS, i think it wont get expired

[CR001]

can you not use the same CoS, i think it wont get expired

A CoS cannot be 're-used'. Once CoS is applied for an application, it is 'used' and cannot be used again.

[ssunny]

exactly...COS is used and it is clearly mentioned in the rejection letter. What do you think about trying to review the decision given the situation?

[CR001]

exactly...COS is used and it is clearly mentioned in the rejection letter. What do you think about trying to review the decision given the situation?

AR is applicable if HO made a mistake, which based on what you have posted they have not as the information in the CoS was wrong.

Tier 4 to Tier 2 has slightly different rules, i.e. no RLMT required. This would not be the case for your spouse.

[ssunny]

exactly...COS is used and it is clearly mentioned in the rejection letter. What do you think about trying to review the decision given the situation?

AR is applicable if HO made a mistake, which based on what you have posted they have not as the information in the CoS was wrong.

Tier 4 to Tier 2 has slightly different rules, i.e. no RLMT required. This would not be the case for your spouse.

Thanks CR001. Just to remind, it is 'tier 4 dependant to tier 2'. only difference for this sub category as far as I know is that they can apply from UK. We haven't chosen this option and gone back to home country and applied.

What amazes me is how can the applicant be ripped of the visa fees when he/she applies only with the COS number with no visibility into the details. Otherwise they should have made COS copy a mandatory document while applying.

Thanks for the replies again.