Certificate of Sponsorship (CoS) for Tier 2 (General) Visa

[asifciv182]

Dear All,

I have applied for UK's Tier 2 (General) visa on 25-July-2019 outside from UK. On 09-Aug-2019, I get REFUSAL of entry clearance due to the subject reason. I have provided my IELTS Test Report but it was simple IELTS instead of IELTS for UKVI. The ECO comments are as follow:

"You have demonstrated in your application that your IELTS certificate is a General Training Certificate, Award reference Number: xxxxxxxxxxxx. However, this is not a test taken under the IELTS SELT Consortium and does not contain the unique UKVI number. As such i am not able to verify the report online and this is not an approved test listed on Appendix. You have therefore not provided the specified documents to support your claim of 10 points under Appendix B of the immigration Rules, and i refuse your application under paragraph 245HB(e) of the immigration Rules."

My Questions are:
1) should i go for Adminstrative Review or Go for IELTS UKVI?
2) Should i followup the issue with British Council as i already passed IELTS instead of IELTS UKVI?
3) My currents CoS Status appear "USED". In case i appear in IELTS UKVI, will i be able to use the same CoS number OR i will need a frest CoS from my Sponsor?
4) In case i need a frest CoS, when my sponsor will be able to apply for it?

Please guide me in this regards at the Earliest. Your comments will be highly appreciated.
Asif

[CR001]

1. There are two requirements for the tests that HO accept. It must be at an HO test provider and must be an HO approved test on the list. If you took the wrong test, then AR will fail.

2. You can if you wish, but you booked the test and should have booked was was required. Page 12 in the HO approved test and test provider list clearly states all Pakistan tests must be IELTS SELT Consortium.

https://assets.publishing.service.gov.u ... ebsite.pdf

3. You need a new CoS.

4. It follows the same process of application before the monthly allocation meeting. There is no quicker process if you made a mistake with the wrong test.

[asifciv182]

CR001,

Thanks for your kind words.

1) How much are chances of overturning the original decision in my case if i am going for Admin Review?
2) Can my sponsor apply for new CoS today, if i am not going into administrative review?
3) when can my sponsor can get the refund amount of ISC paid while generating CoS number?

Regards,
Asif

[CR001]

1) How much are chances of overturning the original decision in my case if i am going for Admin Review?

It will fail if you did not apply with the correct English test. You cannot add new evidence to Admin Review. The process of Admin review is for when you believe HO has made an error and the review looks at the documents and application submitted.

2) Can my sponsor apply for new CoS today, if i am not going into administrative review?

Of course they can, but it will only go into the September allocation meeting on 11th September for consideration.

3) when can my sponsor can get the refund amount of ISC paid while generating CoS number?

Why would they get a refund??

[asifciv182]

Thanks CR001 for your support.

I just want to know that as per the HO Policy, The sponsor will get a full refund if the worker’s visa application is:
i) refused or withdrawn
ii) successful, but they do not come to work for you

Now my application is refused and my sponsor has already paid total £3199 which includes £199 for CoS fee and £3000 for ISC (3 Years). if am appearing in IELTS for UKVI and my sponsor again going for new CoS, he will be paying again the CoS & ISC fee OR it will be adjusted in the earlier payment made.

Bit confuse in this regards,

Please Help.

Regards,
Asif

[Jaune08]

"You have demonstrated in your application that your IELTS certificate is a General Training Certificate, Award reference Number: xxxxxxxxxxxx. However, this is not a test taken under the IELTS SELT Consortium and does not contain the unique UKVI number.

Hi asifciv182. I've recently applied for a different visa but got refused on the same basis as yours: submitting a non-UKVI IELTS. I appealed the ECO's decision and my visa was granted during an administrative review. I am fully aware that you applied for a Tier 2 visa and I did for a settlement visa, that might impact differently in the outcome, but our refusal was the same.

I submitted my appeal based on this guidance from Home Office, where it clearly states that you can submit new evidence if this will change the ECO's decision, and it isn't restricted to one specific type of visa:
https://assets.publishing.service.gov.u ... nsv2_0.pdf

Withdrawing decisions and conceding appeals from 2014, see page 6 at the bottom:

“For example, a decision may be withdrawn because…
…there is new evidence available, which could, if genuine, result in a grant of leave (see adjournments)”

I did the following: sat for a new English test after the refusal, I asked for an administrative review and when I lodged my appeal, I submitted this new UKVI test, and within a week, my visa was granted.

This is thread I wrote down sharing my experience of how I appealed and won, because in my case I could submit new evidence during the administrative review:
immigration-for-family-members/successf ... l#p1812202

Again, I'm emphasising that we applied for different types of visas, but maybe knowing the existence of that clause I mentioned before where states you can submit new evidence when appealing, would help you and your sponsor to not paying again the fee.

Hope this helps.

[CR001]

@Juane08 there are no appeal rights for tier 2 refusals.

[asifciv182]

"You have demonstrated in your application that your IELTS certificate is a General Training Certificate, Award reference Number: xxxxxxxxxxxx. However, this is not a test taken under the IELTS SELT Consortium and does not contain the unique UKVI number.

Hi asifciv182. I've recently applied for a different visa but got refused on the same basis as yours: submitting a non-UKVI IELTS. I appealed the ECO's decision and my visa was granted during an administrative review. I am fully aware that you applied for a Tier 2 visa and I did for a settlement visa, that might impact differently in the outcome, but our refusal was the same.

I submitted my appeal based on this guidance from Home Office, where it clearly states that you can submit new evidence if this will change the ECO's decision, and it isn't restricted to one specific type of visa:
https://assets.publishing.service.gov.u ... nsv2_0.pdf

Withdrawing decisions and conceding appeals from 2014, see page 6 at the bottom:

“For example, a decision may be withdrawn because…
…there is new evidence available, which could, if genuine, result in a grant of leave (see adjournments)”

I did the following: sat for a new English test after the refusal, I asked for an administrative review and when I lodged my appeal, I submitted this new UKVI test, and within a week, my visa was granted.

This is thread I wrote down sharing my experience of how I appealed and won, because in my case I could submit new evidence during the administrative review:
immigration-for-family-members/successf ... l#p1812202

Again, I'm emphasising that we applied for different types of visas, but maybe knowing the existence of that clause I mentioned before where states you can submit new evidence when appealing, would help you and your sponsor to not paying again the fee.

Hope this helps.

Thanks Jaune,

Your case is very informative and you have shared very useful details. What I understand from your case that you appeared in IELTS for UKVI examination and resubmitted the Test Report in the apeal for administrative review instead of reapplying with new Doc. Am i right?

Regards,
Asif

[Jaune08]

What I understand from your case that you appeared in IELTS for UKVI examination and resubmitted the Test Report in the apeal for administrative review instead of reapplying with new Doc. Am i right?

You're welcome, Asif. That's right: I submitted a new UKVI IELTS Test Report when I lodged the appeal for an administrative review, instead of reapplying for the visa with a new doc.

Since we applied for different visas, I don't know if you actually have appeal rights as a Tier 2 applicant (you can check that on your refusal letter to see if you have instructions or a time frame to appeal). But in case you are allowed to, it's definitely worth it as you can submit new evidence.

[asifciv182]

Dear All,

On 25-July-19 i have applied for UK Tier 2 (General) Visa, but unfortunately my entry clearance was refused by HO due to standard IELTS instead of IELTS for UKVI. Now i have decided to appear in IETLS for UKVI test. but i am really confused whether I should apply for IELTS (UKVI) General Training OR Academic test?

My Details are as below;
1) Sponsorship from A rating Company
2) Job in Short Occupation List (Geo technical Engineer)
3) Annual Salary £35,000

Please share confirmed information as i suffered a lot due to my previous refusal.


Regards,
Asif

[CR001]

What I understand from your case that you appeared in IELTS for UKVI examination and resubmitted the Test Report in the apeal for administrative review instead of reapplying with new Doc. Am i right?

You're welcome, Asif. That's right: I submitted a new UKVI IELTS Test Report when I lodged the appeal for an administrative review, instead of reapplying for the visa with a new doc.

Since we applied for different visas, I don't know if you actually have appeal rights as a Tier 2 applicant (you can check that on your refusal letter to see if you have instructions or a time frame to appeal). But in case you are allowed to, it's definitely worth it as you can submit new evidence.

Tier 2 general have no appeal rights as I have already advised!!

@Juane08 there are no appeal rights for tier 2 refusals.

[asifciv182]

What I understand from your case that you appeared in IELTS for UKVI examination and resubmitted the Test Report in the apeal for administrative review instead of reapplying with new Doc. Am i right?

You're welcome, Asif. That's right: I submitted a new UKVI IELTS Test Report when I lodged the appeal for an administrative review, instead of reapplying for the visa with a new doc.

Since we applied for different visas, I don't know if you actually have appeal rights as a Tier 2 applicant (you can check that on your refusal letter to see if you have instructions or a time frame to appeal). But in case you are allowed to, it's definitely worth it as you can submit new evidence.

Thanks for your cooperation in this regard.

28 Days are mentioned in my refusal letter. 15 Days already passed and currently i have to appear in IELTS for UKVI test also. So it will take at least once month more to appear in IELTS for UKVI test and getting the Test report. I think i will be reapplying.

But now i am really worried whether i should take IELTS for UKVI ,General Training OR Academic Test?)? As i already suffered a lot by the Refusal, this time i am very careful and need confirmed information to successfully defend my case.

Regards,
Asif

[asifciv182]

What I understand from your case that you appeared in IELTS for UKVI examination and resubmitted the Test Report in the apeal for administrative review instead of reapplying with new Doc. Am i right?

You're welcome, Asif. That's right: I submitted a new UKVI IELTS Test Report when I lodged the appeal for an administrative review, instead of reapplying for the visa with a new doc.

Since we applied for different visas, I don't know if you actually have appeal rights as a Tier 2 applicant (you can check that on your refusal letter to see if you have instructions or a time frame to appeal). But in case you are allowed to, it's definitely worth it as you can submit new evidence.

Thanks for your cooperation in this regard.

28 Days are mentioned in my refusal letter. 15 Days already passed and currently i have to appear in IELTS for UKVI test also. So it will take at least once month more to appear in IELTS for UKVI test and getting the Test report. I think i will be reapplying.

But now i am really worried whether i should take IELTS for UKVI ,General Training OR Academic Test?)? As i already suffered a lot by the Refusal, this time i am very careful and need confirmed information to successfully defend my case.
My details are below;

1) Job in short occupation list (Geo technical Engineer).
2) Sponsorship from A Rating Company.
3) UK Tier 2 (General) Visa for 3 Year.
4) Annual Salary £35000.

Regards,
Asif

[asifciv182]

Dear All,

Recently my visa was refused by HO due to IELTS instead of IELTS for UKVI. Currently my CoS Status appears as USED. I come to know that i'll not be able to use the same CoS reference number instead i'll be using new CoS ref number.

Can someone help my following queries.
1) Do i need a new CoS or the previous CoS will be applicable for reapplying with IETLS for UKVI Test Report?
2) If i need new CoS, Do my sponsor need to make refund of previous ISC (£3000) first OR he will be able to manager new CoS, in the previous payment?
3) If it is possible to manage new CoS in the previous payment done, how he should?

Regards,
Asif

[CR001]

1) Do i need a new CoS or the previous CoS will be applicable for reapplying with IETLS for UKVI Test Report?

You need a new CoS through the monthly allocation meeting, which will be September.

[asifciv182]

1) Do i need a new CoS or the previous CoS will be applicable for reapplying with IETLS for UKVI Test Report?

You need a new CoS through the monthly allocation meeting, which will be September.

Thanks CR001
Can you please answer 2) & 3)?

[CR001]

I haven't answered 2 and 3 as I don't know. Refer to the tier 2 sponsor guidance notes.

[asifciv182]

I haven't answered 2 and 3 as I don't know. Refer to the tier 2 sponsor guidance notes.

Can you please drop link of Sponsor Guidance Notes?

[CR001]

A simple Google search, like I had to do, would have given you the document!

https://www.gov.uk/government/publicati ... -employers