Tier 2 visa refusal

[amitvishal18]

Dear members
I am in a difficult situation and need expert advise. I was granted tier 2 visa from 25/01/2018 to 19/02/2019 for working as doctor in the NHS. In August 2018 I appeared for interviews and got a new job in another NHS hospital with new CoS (certificate of sponsorship) for three years dated 8/10/2018 till 7/10/2021. I applied on 1 Oct 2018 and received visa refusal decision today. The reason for refusal is under section 245 HB(g) which states that if you have entry clearance at any time during 12 months immediately before the date of the application your visa will be refused.
what are my options? Does this mean that you can never ever change job while on tier 2.

[CR001]

Where did you apply, in the UK or from abroad??

Were you issued a UCoS or RCoS??

[CR001]

Did you withdraw your previous application in September due to the error you made??

uk-tier-2-employer-sponsored-visas/tier ... l#p1684071

[amitvishal18]

I was in UK for 7 months on tier 2 visa (valid till Feb 2019) as NHS doctor. In August 2018 I appeared for several interviews and got a better job with a different NHS trust employer. They issued me a CoS change of employment (isc liable) for three years.
In Sept 2018 I came back to India to see my family before I join at new NHS hospital and to apply as well.
Yes, I withdrew the application made in Sept 2018 within one day of application due to some errors before it was even put up to ECO.
I applied again with new application.

[CR001]

The refusal is correct then.

By applying outside the UK, you are subject to the 12 month cooling off period.

You are only exempt from this if you are in a shortage occupation, which you are not or if you apply to switch employers within the UK.

So again, did you get issued a Restricted Cos (outside UK applications) or an Unrestricted Cos (applications within the UK)?

[amitvishal18]

But I have switched employers. They are two different NHS trust. My CoS does not mention restricted or unrestricted.

[CR001]

The key point here is that you applied outside the UK, so the 12 months cooling off applies.

You should have applied within the UK to avoid this reason for refusal.

[amitvishal18]

can I go back to UK and apply again as a new application as my previous residence permit is still valid, though I have resigned from first employer on 31 August 2018.

[CR001]

You will need a new CoS and also hope your current visa has not be cancelled/curtailed.

[amitvishal18]

My visa residence permit is certainly not. I am in touch with my employer and they are supportive. Is it possible if the above two are fulfilled.

[CR001]

Your previous employer was obliged to inform HO after you left your job, this will trigger the visa curtailment if you have more than 6 months left, which you don't.

You will have to see when you get to the UK and what questions you are asked on entry and if you are allowed back into the UK.