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Tier 2 Visa granted incorrectly hence delay in dependent vis

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Porus
Junior Member
Posts: 90
Joined: Tue May 06, 2014 9:48 pm

Tier 2 Visa granted incorrectly hence delay in dependent vis

Post by Porus » Wed Jun 03, 2015 9:30 pm

Hi Experts,
I have applied Tier 2 General dependent visa and 9 months have passed and I have a response from British High commission which is as follows.Please help in sharing your views.
A) TIer 2 General migrant visa was issued incorrectly by Home office because the sponsor assigned an incorrect CoS to the main migrant.
B) Tier 2 General dependant visa is pending 9 months because , British High commission has escalated to Home office highlighting their error and no response from them yet.
C) As main migrant has her leave issued incorrectly by Home office , as soon as it has been corrected by HO, the British high commission will expedite the dependent visas accordingly.

Queries for Experts please:
1) WIll the HO send visa curtailment letter to the main migrant now so that main migrant will have to leave UK and reapply with correct CoS ?.
2) Will dependent applications also be rejected and asked to reapply along with main migrant if we want.
3) WIll the 10 months Tier 2 General stay be counted or invalid for Tier 2 main migrant if she reapplies and intends to apply ILR in 5 years time?.
4) Is it possible for the main migrant to take her passport to Croydon office and change CoS with new CoS number supplied by her employer ? .
thanks

Porus
Junior Member
Posts: 90
Joined: Tue May 06, 2014 9:48 pm

Tier 2 Visa granted incorrectly- delay in dep vis-next steps

Post by Porus » Thu Jun 04, 2015 7:14 pm

I am sharing more details from last post to get views from experts .
1) Spouse's Sponsor is confirming that the CoS and associated details are correct and suspecting British High Commission is bluffing and have mailed Home Office for clarification. Sponsor also states that they have given same type of CoS to applicants from Jamaica,Australia,Kenya in this year and in past years without any issue.
2) Sponsor also has mailed Educator's Helpdesk UK to intervene and suggest a solution.
3) Sponsor has exhausted all licences for this month and for any new CoS (in case needed) only be given in couple of months.
My query to experts is if the final verdict is incorrect CoS and Home office asks Sponsor to provide new CoS , Can we appeal for 2 months time so that spouse can use the new CoS and submit in Croydon office for CoS stamping over the passport ?. My appeal is on humanitarian grounds as 2 dependent applications will have to be reapplied with NHS surcharge for the mistake of Home office issuing Visa incorrectly to main migrant. If HO has rejected the visa initially the dependent applications would not have been made until the main migrant has a visa.
Can we appeal in these lines in case if it turns out that the sponsor has made a mistake in the CoS number ? . Please suggest.

Porus
Junior Member
Posts: 90
Joined: Tue May 06, 2014 9:48 pm

Re: Tier 2 Visa granted incorrectly hence delay in dependent

Post by Porus » Sun Jun 07, 2015 11:02 am

Hi Experts, I am posting these to get some views or if i get no response atleast I have shared something that somebody in similar situation some day can learn and avoid these mistakes.

1) Employer Tier 2 A sponsor made a basic mistake in issuing CoS . Issues Tier 2 (Change of Employment) to the employee who was at the time holding Tier 2 ICT dependent visa. The CoS details also mention that the employee can apply visa only out of country which was missed by the employer.
2) Home office issued Visa for the main migrant again by mistake according to British High Commission Delhi when the visa was applied out of country.
3) Dependent applications applied subsequently from out of country triggered this finding and the case is in limbo with Home office UK not responding to British High Commission for nearly 8/9 months.
4) Employer has approached Home office to find a solution seeking a new CoS licence as well for the migrant .
Qn is if there is any way where Homeffice can stamp the new CoS in the main migrant passport ( overwriting Change of Employment to New Hire-Restricted) and then link it to dependent applications already present with British High Commission and solve this .
IF they punish the Employee by asking the migrant to apply out of country along with 2 dependents it would be around 3400 pounds loss for the mistake of Home office +School. Can any expert comment on this please.

Porus
Junior Member
Posts: 90
Joined: Tue May 06, 2014 9:48 pm

Re: Tier 2 Visa granted incorrectly hence delay in dependent

Post by Porus » Thu Jun 25, 2015 8:36 am

Hi Experts,
More update on my case.

1) Migrant's sponsor approached Home office and got mail response as follows. " Visa granted incorrectly however CoS cannot and should not be changed. Migrant need not apply for a visa and employer can continue employing the migrant till visa expiry. Further
Sponsor Licensing Unit(SLU) has contacted the post in British High Commission Delhi of their initial error .

2) Two weeks passed and when Solicitor contacted the Entry Clearance Manager (ECM) delhi while the case is in Judicial Review , ECM replied that they have not received any communication from Home office even though the certified mails we supplied to ECM indicate that .
3) ECM is insisting that Home office has not responded and until they respond ECM cannot expedite the decision for dependents.
4) Migrant's sponsor again contacted Homeoffice for some evidence of SLU contacting British High Commission Delhi but Home office declined to give internal mails and stated again that SLU has contacted the post which is clear enough.
5) As a third party my lawyer says he cannot do anything when two units of same UK government fighting and not talking to each other.
I tried for another solicitor who is in legal 500 who is charging 250 pounds for a meeting and then will charge more after taking up the case . As I had already spent legal fees for 1st solicitor I was looking for cheaper one off advice which will untie this knot.
Any experts can share any thoughts on this please?.

Porus
Junior Member
Posts: 90
Joined: Tue May 06, 2014 9:48 pm

Re: Tier 2 Visa granted incorrectly hence delay in dependent

Post by Porus » Thu Jun 25, 2015 3:22 pm

Can any user/junior member/senior member /expert/moderator/guru comment if they have heard or experienced Home office/Visa application centre admitting a mistake but not responding for resolution for months?!.

Porus
Junior Member
Posts: 90
Joined: Tue May 06, 2014 9:48 pm

Re: Tier 2 Visa granted incorrectly hence delay in dependent

Post by Porus » Sun Jun 28, 2015 12:07 pm

Further Updates to my case. Local MP has written to Home office supplying all the emails from Home office and Visa Application Centre and urging Home office to expedite the decision. 2 weeks passed and another lawyer who is part of Legal 500 is asking 250 pounds for just initial consultation and further unknown amount and stating he can solve the case. Any comments or cheaper solution from anybody please?!. Please remember I have already paid the current solicitor 600 pounds and I am not seeing any progress.
thanks

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