Rejected Tier 2 visa due to wrong COS

[Tamer]

Hi,

My Tier 2 application was rejected as the COS did not show that it passed the Resident Labour Market Test as it indicated that the job was advertised but it was less than 28 days. They mentioned that I can not appeal. My questions are:

1-My understanding is that the sponsor issues the COS from the home office, how can the home office reject a COS issued by them ? and is there any chance I can appeal or make a complaint?
If it is all the mistake of my sponsor, I will be jobless for more than a months and will have to pay for a new application, how can I make a complain to claim my money back?

Kind regards,

Tamer

[iworker]

the application was corretly rejected as the RLMT was not correctly done.
there are specific requirements of how and what should be advertised for RLMT and for how long.
The ukba doesnt issue the cos. the cos is rather assigned by the employer using an online portal and it is employers responsibilty to have it done correctly including assigning reasonable code to duties one does.

You do not have the right to appeal. You can not make a complain in this instance as UKBA is correct.
Once the new cos has been assigned to you, you will have to apply again with new fees.

[Tamer]

Thanks for you response. My sponsor said they have advertised the job for more than 28 days, although the home office is denying that !
Can I make a complain ? another question, my contract will end at the end of May with my first employer, but may old tier 2 visa is still valid till 2015. How long am I allowed to stay in the country after the end of my employment?

Many thanks

[pkothari]

Hi,

I am in a similar situation.
Could you please advice, if you have to re-pay for your visa again? or there was any scope of appealing.

Regards,
Pari.