Appeal for Tier 2 (General)

[missfitsz]

Hi,

I sent my application on the 30th September 2010 for Tier 2 (General visa), and just got a letter yesterday (26th November 2010) that it was rejected because :

"You claimed 30 points for Sponsorship, but without providing a valid Certificate of Sponsorship reference number and therefore you have not been awarded any points for Sponsorship" (not providing a valid CoS reference number)

AND

"You claimed 10 points for prospective earnings but you have not provided a valid Certificate of Sponsorship reference number assigned by a Tier 2 licensed sponsor and we have no record to show that you had been assigned a CoS at the time of your application, therefore we are unable to award points with the published guidance)

They gave me an Appeal Form (IAFT-1) to fill up to justify any reason why I should be allowed to stay in the country.

I just need to clarify something before anybody give me a suggestion.

My employer has already got their license after initial application on 1st September and send in together with a "General Request for CoS Allocation" form. However, they changed the "General Request for CoS Allocation" form again on the 25th October 2010 and we had to fill up the form again on the 28th October 2010. And then, got an email from UKBA on 24th November saying that :

"This month the panel awarded additional allocations of CoS to sponsors with posts meeting the following criteria:
 
·         New shortage occupation posts with salaries above £20,000 per annum and
·         New non-shortage occupation posts with salaries above £32,000 per annum.
 
Unfortunately you have not been awarded an allocation of Tier 2 (General) CoS at this time.  This decision has been made in accordance with the guidance and rankings detailed within the Sponsor Guidance and the criteria set out above.

There is no right of appeal against this decision but you can make further CoS allocation requests for exceptional consideration."

My employer called up, and he needs to re-send in the "General Request for CoS Allocation" form again.

Therefore, here I am, Tier 2 (General) visa got rejected.

Can anyone advise me on the reason that I should give to justify that it wasn't my fault that the UKBA has reached the quota of the month? I know that this is my last change to appeal, I just want to make sure that I do the right thing, as it is not guaranteed that there will be a CoS assigned to me on time during they decide on my appeal application.

I really appreciate feedbacks.

[geriatrix]

To apply without a CoS is a fault from your end. The decision isn't unlawful since a Tier 2 application must be supported by a CoS, the details of which must be provided in the application form.

Though you may appeal, if you wish to, but IMHO it is not likely that the refusal will be overturned.


regards

[missfitsz]

To apply without a CoS is a fault from your end. The decision isn't unlawful since a Tier 2 application must be supported by a CoS, the details of which must be provided in the application form.

Though you may appeal, if you wish to, but IMHO it is not likely that the refusal will be overturned.


regards

Hi Sushdmehta,

Thanks for your reply.

I understand that applying without a CoS is wrong, but during that period of time, my employer has already requested for a CoS allocation and is pending approval. Therefore, I didn't want to go back to my home country whilst waiting. However, in my application, I included a letter from my employer stating that there is a pending application of CoS, and that I will be claiming points for my prospective earnings and sponsorship.

Can you let me know what information should I provide in my appeal letter to UKBA to justify that we had to fill up the initial CoS allocation form three times and is still waiting for approval? What other options do you recommend?

I hope to hear from you soon.

[geriatrix]

Well, to appeal or not is your wish but I don't think you can "justify" the sequence of mistakes from your end. I don't see where UKBA has made a mistake in refusing the application.

IMHO ....



regards

[ashleyransoo]

Hi,

Not getting the COS on time is not your mistake. Having included a letter to clarify your situation and your employer's situation, the UKBA should have exercise discretion in your case. This is your ground of appeal! Go for it!

This government has said that they will be business friendly, graduate level job, and those who have already been in employment with the same employer should be considered as existing rather then new hire.

Good luck!,
Ashley

[roadkill1979]

Hi,

Not getting the COS on time is not your mistake. Having included a letter to clarify your situation and your employer's situation, the UKBA should have exercise discretion in your case. This is your ground of appeal! Go for it!

This government has said that they will be business friendly, graduate level job, and those who have already been in employment with the same employer should be considered as existing rather then new hire.

Good luck!,
Ashley

Hi,
hope u r good, tell me where you stand now,
We have applied for December panel as our COS AR for urgent consideration was rolled over for december.

your be positive approach is good and keep it up.
''with the same employer should be considered as existing rather then new hire'' can you quote me the reference for this as they don't seem to treat us as existing staff for extension under PSW unlike hsmp or other catagory for extension

[impactcrew]

To be honest I would be honest in your appeal and use the claim "grounds on humanitarian grounds etc " - Standard blah blah and buy some time.

[Nicky09]

Hello, I am in the same situation as the original poster - PSW visa expires in early Feb, have worked for my employer for nearly 3 years. It's a rare research-related post, but unfortunately it's not on the shortage list, it pays way less than £32,000, so the application for CoS has been refused. I've been thinking of trying to apply w/o CoS in case they keep refusing, then appeal on some ground or other and the wait for April 1 2011 when they say there will be no limit on Tier 2 in-country applications (http://www.ukba.homeoffice.gov.uk/sitec ... ual-limits).

Question is: can you send a new application while you have an active appeal on a previous one for the same visa, if the rules change in the meanwhile? All application forms have this question about whether the applicant currently has any appeals with the HO, but I've always thought it was like asking about terrorist activities: if you say yes, you are automatically refused. Am I right?

[geriatrix]

Question is: can you send a new application while you have an active appeal

No (3.2).

regards

[Nicky09]

Question is: can you send a new application while you have an active appeal

No (3.2).

regards

Thanks a lot. I thought as much.