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DCOS Refusal

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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ivking1
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Posts: 4
Joined: Sun Mar 17, 2024 7:38 pm
United Kingdom

DCOS Refusal

Post by ivking1 » Sun Mar 17, 2024 7:45 pm

I wonder if someone could help, I am enquiring this on behalf of a friend who applied for healthcare job and been selected , the company already had license and applied for Dcos in January but only recently received the response,
It was declined by and upon my request company sent me the reason as following (I believe it was error by their Solicitor) my question is apart from reapply is this can be challenged/appealed/reviewed ?

SOC: 6145 careworker
Salary : 23400

Your application has been rejected, as you have not provided the required information to enable us to process your application.
On your SMS application you declared that the migrant workers will be working on a
40 hours per week basis. However, the employment contracts you have provided state
the contracted working hours are 33 hours per week.
Due to the above discrepancies, we could not determine the number of hours the successful candidates will be undertaking.

AmazonianX
Respected Guru
Posts: 8119
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: DCOS Refusal

Post by AmazonianX » Mon Mar 18, 2024 2:34 am

How do you challenge,review or appeal something that the basis is fundamentally wrong? It is employment related and the hours needs to be clear.
Except where it can be proved that it's not from employer side, applying for new one ould be the only way out.

ivking1
Newly Registered
Posts: 4
Joined: Sun Mar 17, 2024 7:38 pm
United Kingdom

Re: DCOS Refusal

Post by ivking1 » Mon Mar 18, 2024 5:05 am

@Amazonianx
Many thanks , it was a mistake by Employer solicitor , and response was received by the Employer, can Employer appeal by saying it was the mistake by Solicitor ? And mentioned the new hours are 40 and ignore the 33 hrs ?
I know the new cos can be applied by that’ll take a lot of time while this is going on for quite a while so they might consider this !
Kind regards

meself2
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Posts: 3660
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: DCOS Refusal

Post by meself2 » Mon Mar 18, 2024 10:10 am

The idea of appeal means, usually, that the decision was made wrongly.
Here the decision was made correctly, as it was based on the inconsistent information supplied from your employers side. I'm very much doubting it can be appealed.

Your employer should try to get a priority service COS.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

ivking1
Newly Registered
Posts: 4
Joined: Sun Mar 17, 2024 7:38 pm
United Kingdom

Re: DCOS Refusal

Post by ivking1 » Mon Mar 18, 2024 11:09 am

meself2 wrote:
Mon Mar 18, 2024 10:10 am
The idea of appeal means, usually, that the decision was made wrongly.
Here the decision was made correctly, as it was based on the inconsistent information supplied from your employers side. I'm very much doubting it can be appealed.

Your employer should try to get a priority service COS.
Thanks
Can the priority service cos be for defined aswell ? Thanks

AmazonianX
Respected Guru
Posts: 8119
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: DCOS Refusal

Post by AmazonianX » Mon Mar 18, 2024 2:41 pm

ivking1 wrote:
Mon Mar 18, 2024 5:05 am
@Amazonianx
Many thanks , it was a mistake by Employer solicitor , and response was received by the Employer, can Employer appeal by saying it was the mistake by Solicitor ? And mentioned the new hours are 40 and ignore the 33 hrs ?
I know the new cos can be applied by that’ll take a lot of time while this is going on for quite a while so they might consider this !
Kind regards
Appeal.will not work despite mistake made by solicitor, solicitor is/was working for employer.

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