Tier 2 general Visa refusal from INDIA due to Unrestricted Visa

[peddauk808]

Hi,

My wife applied for Tier 2 general visa from INDIA and it got rejected due to unrestricted CoS based on refusal letter.
Employer chooses migration status as Tier (general-changes of employment), because she was working in UK as PBS dependent and employer is quite sure that they assigned restricted CoS only.
Unfortunately we can't see it in CoS document which submitted for visa whether it is restricted or unrestricted .

Can anyone clarify about below points please
1. if we go for administration review(Based on employer confident that CoS is Restricted) will it be helpful? or is it better to go with fresh restricted CoS?
2. If we go with new RCoS, does employer need to choose migration classification status as "Tier 2(General-New Hires)?.
3. If we make new application again with RCoS with same migration classification states as "Tier 2 (General-Changes of Employment-ISC liable) " Will it impact again?
4. Can we file another application after one month?

Please help us and below is the matter which presents in refusal letter.


"On you CoS your migration classification states "Tier 2 (General-Changes of Employment-ISC liable) [A rating].This means your sponser has applied for an unrestricted CoS on your behalf which means your CoS was not allocated to your Sponsor under the Tier2 (General) Limit".."
"Your Sponsor has allocated you an unrestricted CoS (Not under the Tier2 general mimit) and as you are not applying for leave to remain and your gross annaul salary is under £1533,500 you do not meet the requirements of . As a result , you have not been awarded points for your CoS and i therefore refuse your application under paragraph 245HB(b) of the immigration rules"



Best regards,
pedda

[CR001]

Tier (general-changes of employment)

This is wrong. It is 'new hire' for a Restricted CoS. Change of employment is an unrestricted CoS.

1. No, AR will fail if they did the CoS with 'change of employment' as this is only possible within the UK. AR is for when HO has made an error and in this cae they have not.

2. Yes, new hires.

3. Not sure what you mean.

4. You can file whenever she meets the requirements and has a RCoS.

[peddauk808]

Hi CR001,

Thanks for your valuable suggestions.

same employer has given for another employee with the same option as "change of employment" and he also made an application from india and it was successful.And to confirm that , we saw his CoS also and category also same as ours.
He made application in October and we did it in November.Is there any change in November month?
And employer also telling us "Since she was working in UK under PBS dependent visa ,so we choose change of employment" as category.

So AR will be no useful and for new application it is better to go with "new hire option" .

[Ani1984]

Hi Peddauk808 ,

Did it get resolved for you?

I mean if the employer assigned the Unrestricted Cos for you and then to change it to Restricted One they must have gone through the Home office , was it all successful and your wife got a new Restricted COS?

Please let me know as I need to know this urgently.

Many Thanks in advance.

[CR001]

Hi Peddauk808 ,

Did it get resolved for you?

I mean if the employer assigned the Unrestricted Cos for you and then to change it to Restricted One they must have gone through the Home office , was it all successful and your wife got a new Restricted COS?

Please let me know as I need to know this urgently.

Many Thanks in advance.

1. Please continue in your existing topic rather than digging up old threads to tag onto.

2. The original poster in this topic has not logged into the forum for almost a year.
See also link below about their visa refusal for the Unrestricted CoS and would have had to reapply with a Restricted CoS. There was no update after this from the user.

uk-tier-2-employer-sponsored-visas/tier ... l#p1718199