Tier 2 visa refused : COS expires while app under process

[bariaji]

Hi ,

I had made a Tier 2 General visa application on 03-Dec-12 with my (restricted) COS expiring on 16-Jan-13.
After massive processing delays finally when I enquired with the visa office reg. my application status on 21-Jan-13, I was told that my application will be refused as my COS has expired !
UKBA website says that a valid COS is one which has been used to apply before expiry. If COS expires while application is under process then should the applicant be penalised as I had submited a COS with 44 days to expiry?

Has anyone been in a similar situation ? Any advice on what I can do ?
NB: Entry clearance office hasn't returned my application yet.

Thanks.

[Freeman78]

Thats Wrong Info. They cannot refuse you for that reason

[o55r]

Tier2 visa refused due to overstayer more than 28days, but tier2 applied before the new rule i.e., 01/10/2012.
received decision letter on 17/01/2013.

Is it illegal and irrational?

[bariaji]

The Entry Clearance Officer offered me his 'apology' for the processing delays but said the only alternative is to reapply with a new COS as now they cannot process the expired COS.
As an applicant I should not be concerned with delays at their end as long as my application is valid with a valid COS on application date.

Can anyone advice me what steps can I take ? Since application has not been returned yet so I cannot apply for the administrative review now. Is there something I can do to make them change their stand(as issue me the visa) before they send the application pack back to me ?

Thanks.

[crabbott]

I would ask them for clarification. As Freeman78 said they cannot use that reason as the website clearly says that you must apply before your CoS expires and your date of application is when your application and payment is received. I know this isn't overly helpful but your post made me panic for a minute as I applied on the 5th January and my CoS expired on 17th January so I double checked the conditions.