Curtailed work permit - Tier 2 visa application gone wrong

[Phoebe]

Please help! I put in an application to switch from work permit to Tier 2 visa but was refused because my company did not carry out a labour market test. My visa was also curtailed and I'm now required to leave on the 10th of December.
My company has now put a new advert out and requested a new COS allocation. I'll like to know what I can do in the mean time as the COS may not come out before my current stay expires.

a) Can I contest the curtailment?
b) Can I put in an application before my COS comes out with a covering note?
c) Can I put in a FLR (0) application in last minute to buy time and vary this application when my COS comes out? (Some solicitors said this is not possible, while others said this will only flag up unnecessary interest on my new application)
d) I am also engaged to a British citizen, but due to the curtailment I can no longer marry him in the country as planned due to lack of certificate of approval. What can I do?

Does anyone know the time lines for a COS to be allocated? Thanks!

[geriatrix]

d) The certificate of approval scheme was abolished on 09-May-11.
Getting married or registering a civil partnership in the UK

[Phoebe]

Please help! I put in an application to switch from work permit to Tier 2 visa but was refused because my company did not carry out a labour market test (no job centre plus reference number). My visa was also curtailed and I'm now required to leave on the 10th of December.

Can I contest the refusal based on the fact that my company used a reputable agency to carry out the recruitment and it was a fair recruitment which included adverts in Monster, total jobs, you tube, etc. I should not be punished for the recruitment as it wasnt my fault that the job was not advertised on job centre plus and my visa should not be curtailment?

Also Can I contest the curtailment as there was really no need to do so as the reason given was the discretion of the secretary of state?

Finally is it a good idea to get my local MP involved with the refusal and curtailment as my company has now put a new advert out and requested a new COS allocation. I have also got a date for same day application early December. I dont want to do any damage to my chances of getting my next application approved but a friend thinks it's a good idea to inform my local MP and see what she can do? Help please!!!

[gupta_ust]

I put in an application to switch from work permit to Tier 2 visa but was refused because my company did not carry out a labour market test. My visa was also curtailed and I'm now required to leave on the 10th of December.

I am surprised after knowing this... why did UKBA curtail your current visa if your new application was unsuccessful for whatever reason. Can they really do that? Have they given you a valid reason of curtailment?

I am sure you can appeal...

[geriatrix]

a) See also Appeal rights.
b) and c) If you wish to do so, see also 320(11), which includes " vexatious and frivolous applications" - and may influence outcome of entry clearance application(s) in the future.
d) already answered.

[manci]

Your prospective new employer already put in motion the RLMT. This only takes 28 days, so assuming it is successful (from your point of view) it should be available by end November.

They also applied for an increase in their CoS allocation in October. This may or may not come through by the end of November. If it does they can assign the CoS to you immediately. If it does not they should send a request for urgent treatment to UKBA end of November:
sponsorlicensing.support@ukba.gsi.gov.uk
scoc@ukba.gsi.gov.uk
giving as the reason the imminent expiry of your leave on 10 December and enclosing a copy of your curtailed visa.

Sushdmehta already dealt with the marriage aspect.

[Phoebe]

Guys,

I'm thinking of using my local MP to fight the curtailment, is this a good idea? I want to do this while my company is readvertising the job. Please advice! Thanks!