Mistake with Certificate of Sponsorship, from PSW to Tier 2

[blueman38]

I am working my employer for more than 6 months now and was under PSW visa. Visa was due to expire on Nov 9 so made my application early Oct.

However the first of the mistakes was made by misreading the sponsorship license as the certificate of sponsorship and hence instead of issuing a COS, the sponsorship license was quoted. Received my rejection with a letter to appeal late November. Consulted a lawyer whom then advised me to forgo the appeal as was told that they will not entertain any evidence made after the date of application and in my case, the employer accidentally over looking the fact that the COS number and the sponsorship number was two different things.

Was advised to re submit a second application instead as was granted 3c leave for 10 days. However a second mistake was later found after submission that the code used is wrong and was not aware that there was a whole page dedicated to the codes and the cd provided and list from drop down doesnt consist of much info.

A cover letter was sent exactly a week after the second application was made explaining the error and hoping that they will take into account the amendment.

My question is because this is my second application, and if this is rejected as well and if i receive this rejection after 28 days from the last day of my 3c leave, will i be penalised and banned from entering the uk for a year?

also, if any of you know the chances of actually considering the amendment?

i was given the choice to either withdraw my application and go back to my home country and reapply but because i was a switch over from psw and have been working for 6 months, will now have to go through the labour test which have just been increased to 4 weeks of advertising instead of 2 will put be out of job for at least 2 months.

should i then withdraw my application if i have not heard back within 28 days and go home to avoid being in violation of overstaying? we did include in the cover letter with the amendment that we really need to hear back soon due to this reason.

I'm really sorry that this is such a long post and want to thank you for taking the time to read through and answering me. This is the first time the company is applying for a COS and because it is such a small charity organisation, a few mistakes have been made.

[djzack]

Please wait for senior members to comment on this. However, I still wonder why the solicitor wasn't able to guide you any further on this.

[coolkat]

hello blueman38

could you please update what action did you take eventually? also can any one please comment on the situation.

thanks

[coolkat]

also.. if i go back to home country to apply after first rejection, will i have to go through the labor market test? can i still apply as a PSW to tier 2? i mean claiming points for PSW

[ash786]

"blueman38"

1. U and u employer shud hav checked all that before applied as u made u case worst for mistakes like that.
2. 3C only applies if u have made an in time application ( applied before u leave expired) so in the first case wen u applied it was fine and the section 3C was in force.
3. U got rejected and was given the right of appeal (3C still in force if u appealed and submit the appeal documents within the time given by HO).
4. Now i do not know if u did appeal or not but u said that u made a second application (that wud be seen as out of time application and 3C not in force if u did not appeal the first time).
5. Now the problem is that wrong code was used so the caseworker will consider the follwoing.
i. To see how long did you take to apply for the application and whether it is a valid application.
ii. The caseworker might consider u application according to watever code was used for the visa.
iii. The caseworker might see that as invalid application and inform you to leave the UK immediately as an overstayer.
6. Remember one more thing that if you want to claim points from PSW to Tier 2 then u have to be in the UK to claim points and u r not allowed to claim points for PSW from home country and u employer will have to meet the resident labour market test with the full criteria.
7. I guess u just have to wait and see wat happens and wud advise that if your application do get refused then go bak home and apply from there.
8. I do not think so that u will be given a right of appeal second time.

[ash786]

also.. if i go back to home country to apply after first rejection, will i have to go through the labor market test? can i still apply as a PSW to tier 2? i mean claiming points for PSW

1. Thats correct as u can only claim points if applying within UK to claim points.
2. Yes u employer will have to do a resident labour market test for 4 weeks.