April 2018 Restricted COS

[Derain]

In all honesty I’ve lived in the Australia, Singapore and the UK and of those 3 in my opinion the UK has the poorest standard of living/qualify of life by far, however having been there for the past 2 years I have a life there and people expecting me back that I didn’t even get to say goodbye to so I was really hoping to get back there. I have to say though that the longer this has gone on the less and less keen I am to go back. My employer wants to keep trying for as long as it takes but I really need to think it through because with my points it’s going to take ages and ages (if ever) and I need to think about whether going back there would actually be worth even more months of living in limbo (and at the moment wanting to stop living in limbo is far more appealing than the UK to me). It really comes down to everyone’s personal situations. I’m sure everyone is trying to live/work in the UK for different reasons.

This has been my observation as well, I am fortunate enough to be from a country where I believe the standard of living is higher than the UK. Like yourself I have friends and colleagues in the UK and a job I enjoy, which are the major drivers for me wanting to return there. However, this whole fiasco has drastically reduced my desire to go back.

Of course I understand for some of us here the UK will improve their standards of living compare to the country of origin. Just bare in mind that this fiasco does not look like a short term issue and for those with families it is a big commitment with application easily exceeding tens of thousands of pounds let alone lost income by being not in employment for an unknown period of time. Dreading that doubling of NHS surcharge coming into effect as well...

[canadarox]

I want to cry.

[travellingbuglife]

I want to cry.

Don’t cry!

I suggest getting off these boards and discuss your situation with a professional. I’m sure they will aide you better!

[hopeful4000]

mental agony and this slow process of waiting till may 18 to discover the answer to the question what will be the cut off score.. why cannot they process faster and answer faster or give a range or exempt doctors from this quota really i feel no one really cares for people who are waiting here for 5 months and then what about the sub 40s scores - when will they ever make it if nothing changes sad state really as employers will stop hiring anyway and relocate to other countries wake up call for UK really but is anyone listening?

[mschase]

If they don't consider these 9 applicants under exceptional case, then all the 409 applicants have to be refused.

"If they don't consider these 9 applicants under exceptional case, then all the 409 applicants have to be refused." - How do you know this?


Having been in this situation since September 2017, a few things to me are clear now:

1) Neither HO nor the Minister of Immigration are interested in addressing this situation as curbing migration and recruiting nationally is their key focus. We can beg, cry, complain all we want but it will all fall under deaf ears. Classic irony is the medical crisis - on one hand they have identified that there is a shortage of doctors and skilled medical recruits yet no action in easing the process of recruiting them internationally.

2) HO has proven to be adamant in making any rule changes or exempting nurses from shortage-occupation list as it would have already been done this month if they wanted. This situation has been ongoing for 5 months so April should have seen some rule changes. This tells me that they want this situation to resolve naturally in the coming months (if it ever does), which of course would be too late for majority of us.

3) Yes we are all selected 'skilled' professionals by our companies/industries in UK yet our situation is of least concern to the government. I would assume a couple more months of this fiasco to continue till it actually becomes a debate in the parliament (again wishful thinking).

4) I'm starting to believe that HO wants employers to become disheartened from this situation, enforcing them to hire locally - which again is something the government really wants.

5) I've realized that we can speculate, calculate and assume all we want but have absolutely no idea of what is happening behind the curtain. A cut-off of atleast 45 this month would have implied positive progress, 46 as neutral, 50 as really bad (most likely the cutoff this month). The backloggers and growing number of applications each month (peak period of hiring) is worrying.

My greatest disappointment, which even @sptula shares, is that few of us applied in Nov with proper RLMT and points well-above the cutoff, yet our application was dragged onto December 2017 where it was officially refused for the first time. My employer's appeal in September 2017 was also ignored (despite being a Tier A sponsor). I can't argue for unfairness but it just goes to show that UK's Tier 2 system is beyond broken.

I wish everyone best of luck with their applications. Time for me to consider other options now as this situation has gone outside my control. My employer has lost confidence too and it would be unrealistic for me to pressure them for reapplication, salary hike, appeal etc.

[bp_hope]

Refused at 45 points (non shortage).

Do you the reason for refusal? Is it due to points? What salary were you on?

[bp_hope]

the cut off is 50 and this is bad news ! gutted and depressed - no hope now at 45

refused at 45

Did you get the reason for refusal and what salary they applied for you? I think I am on 45 points and still waiting. My employer is so slow and never tells the status or any other information.

[gunjam]

Refused at 45 points (non shortage).

Do you the reason for refusal? Is it due to points? What salary were you on?

yes employer told its due to points below cutoff.

[SG_1]

Lets hope we get some updates today. Still waiting at 50. Request everyone to update the status once they hear from HO. Thanks.

[commonman]

If they don't consider these 9 applicants under exceptional case, then all the 409 applicants have to be refused.

"If they don't consider these 9 applicants under exceptional case, then all the 409 applicants have to be refused." - How do you know this?


Having been in this situation since September 2017, a few things to me are clear now:

1) Neither HO nor the Minister of Immigration are interested in addressing this situation as curbing migration and recruiting nationally is their key focus. We can beg, cry, complain all we want but it will all fall under deaf ears. Classic irony is the medical crisis - on one hand they have identified that there is a shortage of doctors and skilled medical recruits yet no action in easing the process of recruiting them internationally.

2) HO has proven to be adamant in making any rule changes or exempting nurses from shortage-occupation list as it would have already been done this month if they wanted. This situation has been ongoing for 5 months so April should have seen some rule changes. This tells me that they want this situation to resolve naturally in the coming months (if it ever does), which of course would be too late for majority of us.

3) Yes we are all selected 'skilled' professionals by our companies/industries in UK yet our situation is of least concern to the government. I would assume a couple more months of this fiasco to continue till it actually becomes a debate in the parliament (again wishful thinking).

4) I'm starting to believe that HO wants employers to become disheartened from this situation, enforcing them to hire locally - which again is something the government really wants.

5) I've realized that we can speculate, calculate and assume all we want but have absolutely no idea of what is happening behind the curtain. A cut-off of atleast 45 this month would have implied positive progress, 46 as neutral, 50 as really bad (most likely the cutoff this month). The backloggers and growing number of applications each month (peak period of hiring) is worrying.

My greatest disappointment, which even @sptula shares, is that few of us applied in Nov with proper RLMT and points well-above the cutoff, yet our application was dragged onto December 2017 where it was officially refused for the first time. My employer's appeal in September 2017 was also ignored (despite being a Tier A sponsor). I can't argue for unfairness but it just goes to show that UK's Tier 2 system is beyond broken.

I wish everyone best of luck with their applications. Time for me to consider other options now as this situation has gone outside my control. My employer has lost confidence too and it would be unrealistic for me to pressure them for reapplication, salary hike, appeal etc.

You hit the nail in the head. This government would never increase the quota, nor make any exemptions in the near or far future. There is no contending the fact that the HO is finding every possible way to cut down immigration , be it rejecting ILR applications based on minor errors or even the most recent Windrush fiasco. It seems they are hell bent on de-legitimizing the stay of even legal migrants, thus creating a hostile environment for anyone who is outside the EU.

I have been staying in France for the past few years and even though the EU has a much bigger immigration problem, their immigration policies specially for skilled occupants/non EU students are far more friendly and humane.

Seeing the current trends, I feel that people with less than 40 points should start looking for other options as their employers will at some point of time simply give up (which is exactly what the HO wants) and the uncertainty along with the opportunity cost of lost employment period is simply not worth the wait.

[tej_san]

If they don't consider these 9 applicants under exceptional case, then all the 409 applicants have to be refused.

"If they don't consider these 9 applicants under exceptional case, then all the 409 applicants have to be refused." - How do you know this?


Having been in this situation since September 2017, a few things to me are clear now:

1) Neither HO nor the Minister of Immigration are interested in addressing this situation as curbing migration and recruiting nationally is their key focus. We can beg, cry, complain all we want but it will all fall under deaf ears. Classic irony is the medical crisis - on one hand they have identified that there is a shortage of doctors and skilled medical recruits yet no action in easing the process of recruiting them internationally.

2) HO has proven to be adamant in making any rule changes or exempting nurses from shortage-occupation list as it would have already been done this month if they wanted. This situation has been ongoing for 5 months so April should have seen some rule changes. This tells me that they want this situation to resolve naturally in the coming months (if it ever does), which of course would be too late for majority of us.

3) Yes we are all selected 'skilled' professionals by our companies/industries in UK yet our situation is of least concern to the government. I would assume a couple more months of this fiasco to continue till it actually becomes a debate in the parliament (again wishful thinking).

4) I'm starting to believe that HO wants employers to become disheartened from this situation, enforcing them to hire locally - which again is something the government really wants.

5) I've realized that we can speculate, calculate and assume all we want but have absolutely no idea of what is happening behind the curtain. A cut-off of atleast 45 this month would have implied positive progress, 46 as neutral, 50 as really bad (most likely the cutoff this month). The backloggers and growing number of applications each month (peak period of hiring) is worrying.

My greatest disappointment, which even @sptula shares, is that few of us applied in Nov with proper RLMT and points well-above the cutoff, yet our application was dragged onto December 2017 where it was officially refused for the first time. My employer's appeal in September 2017 was also ignored (despite being a Tier A sponsor). I can't argue for unfairness but it just goes to show that UK's Tier 2 system is beyond broken.

I wish everyone best of luck with their applications. Time for me to consider other options now as this situation has gone outside my control. My employer has lost confidence too and it would be unrealistic for me to pressure them for reapplication, salary hike, appeal etc.

"If they don't consider these 9 applicants under exceptional case, then all the 409 applicants have to be refused." - How do you know this?

As I have mentioned, it's either the entire lot has to be approved together or else refused. If 300 certificates are remaining with 409 applicants at the same point band (say 50), even if 100 certificates borrowed from next month (the rule book says each month maximum 100 certificates can be borrowed from next month), it becomes 400 certificates. What to do with remaining 9 applicants, either approve these 9 or refuse all 409 and carry over 300 certificates to next month.

Look at the Dec-17 figures, where 91 certificates were borrowed to accommodate 55 points band.

However, In Jan and Feb the applicants in 45 points band were far more than 115+100 and 201+100 respectively, so the entire lot of 45 point band was refused and the balance certificates (115 and 201) were carried over to next month.

I hope it's now clear to everyone.

My greatest disappointment, which even @sptula shares, is that few of us applied in Nov with proper RLMT and points well-above the cutoff, yet our application was dragged onto December 2017 where it was officially refused for the first time. My employer's appeal in September 2017 was also ignored (despite being a Tier A sponsor). I can't argue for unfairness but it just goes to show that UK's Tier 2 system is beyond broken.

May I know how did your employer appeal? I got to know that appeal process or administrative review is not possible for RCoS, it's only for visa applications. I have a similar situation where in I missed opportunity in October and November due to HO's mistake. We have been highlighting this by writing email to them every month, but I don't get any reply nor they listen or accept their mistake!

The only option for me to get RCoS is if HO accepts their mistake in Oct/Nov where my points were well within cut-off. But, I really don't know how. Appreciate if anyone can help me. Thanks!

[JalajArora]

Lets hope we get some updates today. Still waiting at 50. Request everyone to update the status once they hear from HO. Thanks.

I am into the same boat as yours. today for sure we will get approval early morning because 50 has gone through. Please update here if you hear anything

[JalajArora]

is there anyone else left with 50?

[mschase]

May I know how did your employer appeal? I got to know that appeal process or administrative review is not possible for RCoS, it's only for visa applications. I have a similar situation where in I missed opportunity in October and November due to HO's mistake. We have been highlighting this by writing email to them every month, but I don't get any reply nor they listen or accept their mistake!

The only option for me to get RCoS is if HO accepts their mistake in Oct/Nov where my points were well within cut-off. But, I really don't know how. Appreciate if anyone can help me. Thanks!

From what I know, there is an appeal option if your rCOS has been 'rejected' (not refused). In September our rCOS was rejected for a very illogical reason which is why my employer filed for an appeal right after. However it mentions that an appeal is a 3 month process which the court may or may not choose to entertain for whatever reasons.

You can't appeal if your application was refused (due to low points).

Its obvious as well that an appeal goes straight to the bin. Situation sucks mate.

Food for thought, anyone?

[tej_san]

May I know how did your employer appeal? I got to know that appeal process or administrative review is not possible for RCoS, it's only for visa applications. I have a similar situation where in I missed opportunity in October and November due to HO's mistake. We have been highlighting this by writing email to them every month, but I don't get any reply nor they listen or accept their mistake!

The only option for me to get RCoS is if HO accepts their mistake in Oct/Nov where my points were well within cut-off. But, I really don't know how. Appreciate if anyone can help me. Thanks!

From what I know, there is an appeal option if your rCOS has been 'rejected' (not refused). In September our rCOS was rejected for a very illogical reason which is why my employer filed for an appeal right after. However it mentions that an appeal is a 3 month process which the court may or may not choose to entertain for whatever reasons.

You can't appeal if your application was refused (due to low points).

Its obvious as well that an appeal goes straight to the bin. Situation sucks mate.

Food for thought, anyone?

No, I said my points were well within cut off of 21 during October and November and the application was 'rejected'. Till October/November, there was no point of refusals as the cut off was 21.

My employer was told by HO that appeal or administrative review is not possible and it's also mentioned on gov.uk website. However, they mentioned that the employer can raise a complaint to HO! Has anyone any idea about the complaint process?

[pizzapizza]

is there anyone else left with 50?

I am at 50 and no response yet from HO.
Not on SOC.

[flerin]

This whole thing is so frustrating. I wouldn't care so much if I was just sitting in a queue but at 30 points so many people will just jump in front month after month. The system is flawed, it's so disheartening

[GG_PM]

My greatest disappointment, which even @sptula shares, is that few of us applied in Nov with proper RLMT and points well-above the cutoff, yet our application was dragged onto December 2017 where it was officially refused for the first time. My employer's appeal in September 2017 was also ignored (despite being a Tier A sponsor). I can't argue for unfairness but it just goes to show that UK's Tier 2 system is beyond broken.

Hi - may I please ask how HO were able to drag your application from Nov to Dec 2017 despite being above the points cut off?

I got rejected in March with 45 points so going through my partner instead who will be applying for restricted CoS in May. We’re fairly confident as he’ll have 75 points (pending RLMT) but this comment makes me nervous as I didn’t realise HO were able to arbitrarily move applications to different months despite being above the cut off!

Apologies if this is slightly off topic for this thread.

[mschase]

Hi - may I please ask how HO were able to drag your application from Nov to Dec 2017 despite being above the points cut off?

I got rejected in March with 45 points so going through my partner instead who will be applying for restricted CoS in May. We’re fairly confident as he’ll have 75 points (pending RLMT) but this comment makes me nervous as I didn’t realise HO were able to arbitrarily move applications to different months despite being above the cut off!

Apologies if this is slightly off topic for this thread.

Hahah if only I had the answer to that....

[commonman]

This whole thing is so frustrating. I wouldn't care so much if I was just sitting in a queue but at 30 points so many people will just jump in front month after month. The system is flawed, it's so disheartening

I am sitting at 30 points myself. Ironic that the whole system allows high earners to jump the queue, which apparently is the most frowned upon thing in the whole British culture

[worldlukie]

is there anyone else left with 50?

I am at 50 and no response yet from HO.
Not on SOC.

Im still waiting on 50 points.

[smita4488]

Hi All,

Refused since December 2017 with 35, I'm so frustrated with this now that I personally can't take any of this now, its feels so exhaustive both emotionally and mentally. We have been trying since months and nothing is changing and this uncertainty is so unpredictable nothing seems to coming back to normal in coming months also.

Its nowhere out in news, majority of the public is unaware of this situation what we are going through and so HO can get way with this as they dont have public pressure on them to mend this situation. Its only few hundreds of us who are being rejected tackling this situation and nobody seems to be bothered about that. Unless this becomes a big news out on the market and then due some public pressure HO might think of doing something which I still doubt they will.

I somehow feel like this is going to stay as it is because every month there will be fresh applications of higher salaries, shortage occupations and we wont be even counted in the race with such low score. What makes me curious is that how is it possible that every month they get this huge number of higher paid salary applications which causes other to be refused or something else is going on in background to keep the immigration at bay.

Just venting my feelings out, not able to decide what to do further ... feeling so depressed, frustrated, meh

Regards,
Smita4488

[commonman]

This from a solicitor's website

Tier 2 General Cap Reached for the Fifth Time:

Applications submitted by April 5, 2018 for Restricted Certificates of Sponsorship (RCOS) where applicants were to be paid under GBP 50,000 have been refused unless they are PhD-level jobs, a role listed on the recognised Shortage Occupation List, or were prioritised for other reasons. This mirrors the outcome for the last five months.

Applicants whose applications are refused, perhaps now even for a fifth time, will be able to reapply for a RCOS next month provided the advertising undertaken by their prospective employer is still valid. There is no right of appeal following refusal.

[Sadsadsad]

I already cried twice today this is a disaster

[Jas92]

Hi All,

Refused since December 2017 with 35, I'm so frustrated with this now that I personally can't take any of this now, its feels so exhaustive both emotionally and mentally. We have been trying since months and nothing is changing and this uncertainty is so unpredictable nothing seems to coming back to normal in coming months also.

Its nowhere out in news, majority of the public is unaware of this situation what we are going through and so HO can get way with this as they dont have public pressure on them to mend this situation. Its only few hundreds of us who are being rejected tackling this situation and nobody seems to be bothered about that. Unless this becomes a big news out on the market and then due some public pressure HO might think of doing something which I still doubt they will.

I somehow feel like this is going to stay as it is because every month there will be fresh applications of higher salaries, shortage occupations and we wont be even counted in the race with such low score. What makes me curious is that how is it possible that every month they get this huge number of higher paid salary applications which causes other to be refused or something else is going on in background to keep the immigration at bay.

Just venting my feelings out, not able to decide what to do further ... feeling so depressed, frustrated, meh

Regards,
Smita4488

I am in same boat like you with 32 points. Trying since December but no luck till now. And now my employer has refused to spend more money on my case as RLMT has expired this month. It's so frustrating.