Tier 2 visa refused ,still CoS status is "used" in SMS

[peddauk808]

Hi Experts,

Tier2 general visa has refused on 13.11.2018 due to unrestricted CoS instead of restricted CoS.
We got the new RCoS in December month allocation, but sponsor is not able to assign new RCoS due to USED status of previous CoS.
How long it will take to update previous CoS status to rejected by HO . it is almost 32 days gone .
I asked employer to cancel but he is not able to do so because of used status showing.

IS there any other alternative to update previous CoS status? Please help me here
Refused date:13.11.2018
CoS status changed to "USED" on 13.11.2018
Refused letter received :20.11.2018

Kindly help.

Best regards,
Pedda

[talreh20]

Hi

What i understand from the home office guidance for Sponsors that if a sponsor issues unrestricted COS for a person who needed a restricted COS, HOME OFFICE is going to revoke the licence immediately for that company.

If the company has already got a RCOS in monthly allocation and they can't assign it to you, it could be that home office has put a block on that RCOS as your employer has used unrestricted COS when they were required to used a restricted one.

I am not sure why you needed a restricted cos if you are already in the UK?

I also think sponsors don't get RCOS in monthly allocation. They have request one by providing a justification to the home office to a sponsor needs a RCOS.

Hope that helps.

[peddauk808]

Hi Talreh20,

Thanks for your reply.

worked in UK as ICT dependent. so in nov month my wife applied from home country with CoS provided by employer. So after seeing refusal letter, we thought employer might have assigned mistakenly unrestricted CoS.
So employer again applied for RCoS and now he can not assign that due to previous CoS "used" status.

Please let us know if you have any idea about the timelines for CoS status is going to change "Rejected".
We have another offer from different company but he may also not able to assign this due to used CoS exists.

Best regards,
pedda

[talreh20]

Is it just a thought that your employer assigned unrestricted COS or are you certain? If you are certain that they assigned an unrestricted cos where a restricted needed to be used, Home office is going to rip off the licence of the company.

New RCOS has no link to the previously used COS. I am not sure why you are linking a new RCOS with an old COS which is used.

COS status will never changed to "rejected". Used just means that the case worker has used the cos to come up with a decision and which they have reached by telling your wife that her application was unsuccessful. Even if she would have been granted with a visa, it would still have been USED.

You would be better off going to the new company but rest assured,used COS will have no link to new company.

[peddauk808]

We have asked employer about admin review if they are confident about restricted CoS.
Initially he said it is still showing under RCoS section in SMS system but not confident about admin review.
So he suggested, again will request new RCoS and got the same now but while assigning getting issues saying that already CoS exist for the migrant.

So even if we go for another company , they also will get same issue as described in certificate of sponsorship home office rules at a time only one CoS should be active against migrant .

And he said visa approved migrant CoS status showing as "Approved" and he is expecting for rejected CoS status changed to "rejected" .
I am not sure what to do now