COS Allocation Request Rejected on Weird Grounds

[VisaFrenzy]

Hello all,

Wishing you all a wonderful new year 2011.

I know my start to new year is pretty much a Tsunami when my boss's COS allocation request was denied from Home Office.

Let me keep it short and simple -

I told my boss I have PSW and legally need Tier 2 to continue working
My boss applied for Licence - Got A rated Licence
My boss applied for COS - Home Office says you have to fill out COS ar (allocation request) first
My boss fills in COSar - HO takes time and gives decision last week

"This is not a new non shortage occupation for 36 k £"

My background -
PSW expiring next week, stressed beyond explanation, parents telling not to come back and boss stressed more than me because we are a small organisation and every member is vital element in our company and few project deadlines approaching which he needs me for.

Question - Why our COS ar is rejected ?

Home office says if you wish to sponsor a migrant who is already on the job for more than 6 months (I have been more than 1 year) you don't need to take residential labor market test then where on earth did this new thing come into place and rolled an earthquake into my world.
It is here - http://www.ukba.homeoffice.gov.uk/emplo ... arkettest/

Moderators, readers and experts can you please advise me what should I do? I would really appreciate your advice at this desparate times. I am so annoyed with Home Office the whole time I and my boss did things by the rule book and still got rejected. Looking back at the COSar form there is no section there that highlights that my employer wants to give me the current job I am doing and that I have PSW.

My motif was plain switching but it seems like that I am completely confused here. HO website is so convoluted and contacting them is pointless, I feel like taking them to the court.

Please help, advice, suggest. Moderators I would love to hear back from you.

Thanks and much appreciated.

PS - if anyone thinks they are in a bad situation let me tell you bro' you're far better than atleast me.

[wf]

I assume your salary is under £36K?

Due to the temporary cap, UKBA are limiting the number of COS issued based on salary.

For non shortage occupations in the December allocation, only positions with a salary of at least £36K were granted a COS.

The last couple of months before that it was 32K, but it all depends on the number of applications for that particualr month and their salary levels.

re your PS - It is a bad situation for many - I have a friend who went home in October with the expectation of gaining his Tier 2 and returning within a few weeks. Due to the restriction of COS, he is still there...

[mt_dilber]

I agree with @wf
but
I think this new requirement of salary is only for employers who apply for ADDITIONAL COS (when there is no or ''0'' COS available to assign) not for ordinary COS requests (when there are sufficient number of COS are available in employers sponsor's management system).

So i think ur employer had ''0'' COS available and he/she applied for ''Additional COS'' for u and got rejected as ur salary was below £36000.

[mt_dilber]

Sorry about ur situation but you said u have been working for this employer for more than a year, on ur PSW. so what stopped u thinking about ur future?? u should have done all this ages ago, now u say it is earthquake in ur world, i dont agree, it is not a sudden, u just neglected it for long time.

[wf]

I think this new requirement of salary is only for employers who apply for ADDITIONAL COS (when there is no or ''0'' COS available to assign)

So i think ur employer had ''0'' COS available

Yes, as they are a new sponsor they have an initial allocation of 0 COS.

[arsenal49]

sorry to hear about your situation

how long it took your employer to get license and also the date they applied and received confirmation of their registrattion. please reply

[VisaFrenzy]

Wf - Yes, you are right my Salary is under £36k. Thanks for explaning and sharing your information.

mt_dilber - You are right, I have been working with this employer for more than a year and I should have asked him to apply for it ages ago (thinking about my future) but my friend I made a mistake and also I never imagined that our COS allocation request will be refused on these grounds. I also thought that I should have done it earlier and honestly speaking - I really wish I could have done that.

arsenal49 - Thanks for your support. It took about 2 months to get licence, I am sorry I have no dates. Hope this will be helpful to you.

Final Note -

I have never felt so depressed, fear of losing my job and career is a very daunting thought and I am prepared to fight now, I will not be deterred by Home Office. I will be looking to seek Legal help for
- Getting COS allocation request approved.

Question -

Moderators, Readers, Experts do you think it is worth me seeking legal help on this. I can confirm that I can still claim 30 points that I lost on PSW expiring because points based calculator still gives 30 points on the following option -
My sponsor has carried out a Resident Labour Market Test and I have a valid certificate of sponsorship

Your suggestions will be very helpful.

Thanks