VISA Refusal - help for next course of action

[freeekychakra]

Hi everyone,
I need help and further advice regarding my VISA urgently. I had applied for my Tier 2 Change of employment VISA (with partner and child). The ground of refusal states that the employer didnt satisfy the RLMT appropriately. The job was advertised in the NHS Jobs Website (for doctors) but wasnt posted on the Jobcentre Plus or Universal Jobcentre Website which is why they could award me 30 points. I scored the required points on all the other sections. On the certificate of sponsorship issued to me by the A rated sponsor which is a University Hospital Trust, it is clearly claimed by them however that they have satisfied the RLMT and the details mentioned is of the advert on the NHS Website for 28 days. However it seems that they didnt advertise on the Jobcentre Websites which was a ground for refusal.i emailed the sponsor of the VISA refusal and blaming them for this fault. Few questions please-
1) Can I appeal for a re-decision should they encourage me?
2) If I have to apply again, is there reimbursemetnt policy as I will have paid twice for the same VISA for no fault of mine but of the sponsor'

[CR001]

1. You will likely lose an appeal. The rules regarding RLMT are very strict and the full and proper process MUST be done. The sponsor should know this. Likely they will have to redo the RLMT in the proper way and issue another CoS.

2. No, HO does not have a reimbursement policy for visa fees, if an application is refused, you lose the fee. You will have to pay the visa fees again if you re-apply. You only get a refund of the immigration health surcharge if your application is refused. Suggest you speak to your sponsor then and see what they say.

[freeekychakra]

1. You will likely lose an appeal. The rules regarding RLMT are very strict and the full and proper process MUST be done. The sponsor should know this. Likely they will have to redo the RLMT in the proper way and issue another CoS.

2. No, HO does not have a reimbursement policy for visa fees, if an application is refused, you lose the fee. You will have to pay the visa fees again if you re-apply. You only get a refund of the immigration health surcharge if your application is refused. Suggest you speak to your sponsor then and see what they say.

Thank you for your reply.
I contacted the sponsor. They claim that the RLMT was properly met. They sent me an email stating the same and that they have asked the Universal Jobsmatch website to send a screenshot of the vacancy. Now waiting for the website's reply. Wondering how two parties could claim the opposite. Home Office saying RLMT wasnt met, Sponsor which is an A rated sponsor with lots of experience confident it was met.

[noajthan]

Thank you for your reply.
I contacted the sponsor. They claim that the RLMT was properly met. They sent me an email stating the same and that they have asked the Universal Jobsmatch website to send a screenshot of the vacancy. Now waiting for the website's reply. Wondering how two parties could claim the opposite. Home Office saying RLMT wasnt met, Sponsor which is an A rated sponsor with lots of experience confident it was met.

I think you will find HO calls the shots here.

[freeekychakra]

Thank you for your reply.
I contacted the sponsor. They claim that the RLMT was properly met. They sent me an email stating the same and that they have asked the Universal Jobsmatch website to send a screenshot of the vacancy. Now waiting for the website's reply. Wondering how two parties could claim the opposite. Home Office saying RLMT wasnt met, Sponsor which is an A rated sponsor with lots of experience confident it was met.

I think you will find HO calls the shots here.

Are you suggesting that the HO is most probably correct?

[noajthan]

Are you suggesting that the HO is most probably correct?

On the balance of probabilities, yes.

After all it is HO that administers and implements guidance for Tier 2 visas through both their internal procedures, and procedures for sponsor to follow, all based on the relevant legislation.

[freeekychakra]

Ya. Ill keep you updated

[Greenie]

Are you suggesting that the HO is most probably correct?

On the balance of probabilities, yes.

After all it is HO that administers and implements guidance for Tier 2 visas through both their internal procedures, and procedures for sponsor to follow, all based on the relevant legislation.

not sure how that is relevant. the fact that the home office administers the guidance does not mean that caseworkers don't make errors in their decision making. there does not appear to be a dispute about the procedures here but a dispute aas to a question of fact as to whether the procedures were followed.

[freeekychakra]

Are you suggesting that the HO is most probably correct?

On the balance of probabilities, yes.

After all it is HO that administers and implements guidance for Tier 2 visas through both their internal procedures, and procedures for sponsor to follow, all based on the relevant legislation.

not sure how that is relevant. the fact that the home office administers the guidance does not mean that caseworkers don't make errors in their decision making. there does not appear to be a dispute about the procedures here but a dispute aas to a question of fact as to whether the procedures were followed.

Well, the way I have heard some horror stories from a few of my friends, I wont be surprised if there is an error on the part of the HO. At the same time, there can be an error on the part of the sponsor. Crosschecking the credibility of the sponsor revealed that they have advertised another job of similar capacity and they have mirrorred the advertisement on Universal Jobmatch Website. Hence, it would be prudent to believe that they must be intending the same for all adverts to meet the RLMT Criteria, unless of course it was a case of human error in the job I got selected for. About the Universal Jobmatch website, I noticed it is very difficult to retrieve information more than 30 days old. They dont allow an advert for more than 30 days either. Once you cross 30 days, you cant search for that job, hence cant prove that the advert was there. And now we are waiting for a reply from the website for a screenshot of an advert 2 months old. Things should probably be made simpler and more accessible in order to transparently follow the rules, thats just my honest opinion, if at all it is so important to advertise the job in a website noone eventually cares for in my profession, and then prove it was lying there in isolation for 28 days as a more important deciding factor for issuing a VISA than in the main website which locks thousands of logins daily and where the the cut-throat really happens.

[noajthan]

not sure how that is relevant. the fact that the home office administers the guidance does not mean that caseworkers don't make errors in their decision making. there does not appear to be a dispute about the procedures here but a dispute aas to a question of fact as to whether the procedures were followed.

Exactly.

Sponsor has to follow the procedures, and in case of any dispute, the applicant/sponsor also has to be able to prove this to satisfaction of HO caseworker.

Such as now in this case with a refusal.
The onus has already been put onto applicant and sponsor to defend and save the situation.

If I was a betting man I'd guess an administrative slip up here (by the sponsor).

Obviously noone here knows about this particular case (and its merits) but for me it rests with HO who have the upper hand

On the balance of probabilities

[freeekychakra]

Thank you everyone for the guidance.
Apologies for jumping the guns here. But my next question comes in advance in an attempt to save a potential day from getting wasted while gathering information,should everything look to be getting back in place.
Now, in the refusal letter it clearly states that the reason for not allocating the CoS points is because the Sponsor hasnt advertised the job in the recommended websites as per the CoS letter. Now if this is true, I understand that the game is lost.
However, should the sponsor be able to provide the advertisement details on Universal Jobmatch as they claim, what would or should be the next course of action? Is there any chance of salvage after that? How should I proceed after that?
Thanks in advance

[RAJ007]

For RLMT, advertising the job on at least 2 job portal is very important this is as per their guidelines.

Advertising the job on just NHS website does not help.

Going for the appeal is waste of time .

In my opinion , if you have enough time then ell your sponsor to advertise the job for 28 days on Job Center Plus and any other Job Portal for 28 days.

And after that your sponsor can issue you a new COS.

This will be enough to get you new Visa.

Hope it helps.

[Frontier Mole]

If your NHS sponsor has met the full criteria and has clearly stated on the COS the Universal Job Match reference on the COS then there has been an error.
If they did not put the reference on the COS then the error is your Sponsors.

On a brighter note if your Sponsor has met ALL the RLMT criteria then it is worth pursuing.

The NHS have HO liaison points and can seek help and advice. There is usually a good working relationship between the NHS and UKVI. So there is every chance if the RLMT was fully complied with this can be resolved.

[freeekychakra]

Dear all,
I applied for administrative review of my above mentioned VISA refusal based on the following points -
1) That my refusal letter stated that the reason for refusal stated that my CoS doesnt indicate that the job was advertised on Univeral Jobmatch.
2) However, this is not right as any job advertised in NHS Jobs is automatically mirrorred to Universal Jobmatch as per the working relations between NHS and Govt. Of UK with same reference number in both.
3) That the employer advertising in NHS Jobs doesnt have to manually log in to Universal Jobmatch for a separate advertisement but that there is an automatic transfer of the advertisement from NHS Jobs to Universal Jobmatch carrying the same reference number.
4) The same has been confirmed by the sponsor to me in written that it is self explanatory for the job advert to be auto transferred from NHS Jobs to Universal Jobmatch with same reference number and duration of advertisement.
5) The same can also be confirmed from NHS Employers Website which confirms that NHS Jobs continues to be the primary website for advertisement, and I quote the first line of the undermentioned link -
"The automatic transfer of vacancies from the NHS Jobs website to the Universal Jobmatch website was re-introduced on Tuesday, 7 April 2015. This change has important implications for international recruitment activities which need to comply with the resident labour market test (RLMT) conditions."-

http://www.nhsemployers.org/news/2015/0 ... arket-test

6) Added a little bit of genuine pathos and sympathy seeking.

Made up the story in 1000 words.

Do you believe this might work?

[feralissimo]

Dear all,
I applied for administrative review of my above mentioned VISA refusal based on the following points -
1) That my refusal letter stated that the reason for refusal stated that my CoS doesnt indicate that the job was advertised on Univeral Jobmatch.
2) However, this is not right as any job advertised in NHS Jobs is automatically mirrorred to Universal Jobmatch as per the working relations between NHS and Govt. Of UK with same reference number in both.
3) That the employer advertising in NHS Jobs doesnt have to manually log in to Universal Jobmatch for a separate advertisement but that there is an automatic transfer of the advertisement from NHS Jobs to Universal Jobmatch carrying the same reference number.
4) The same has been confirmed by the sponsor to me in written that it is self explanatory for the job advert to be auto transferred from NHS Jobs to Universal Jobmatch with same reference number and duration of advertisement.
5) The same can also be confirmed from NHS Employers Website which confirms that NHS Jobs continues to be the primary website for advertisement, and I quote the first line of the undermentioned link -
"The automatic transfer of vacancies from the NHS Jobs website to the Universal Jobmatch website was re-introduced on Tuesday, 7 April 2015. This change has important implications for international recruitment activities which need to comply with the resident labour market test (RLMT) conditions."-

http://www.nhsemployers.org/news/2015/0 ... arket-test

6) Added a little bit of genuine pathos and sympathy seeking.

Made up the story in 1000 words.

Do you believe this might work?

Hi Freekychakra,

I have exactly your same type scenario and was looking to go forwards with an admin review as well.

How did your Admin review go?

[sleepyshadow]

Dear all,
I applied for administrative review of my above mentioned VISA refusal based on the following points -
1) That my refusal letter stated that the reason for refusal stated that my CoS doesnt indicate that the job was advertised on Univeral Jobmatch.
2) However, this is not right as any job advertised in NHS Jobs is automatically mirrorred to Universal Jobmatch as per the working relations between NHS and Govt. Of UK with same reference number in both.
3) That the employer advertising in NHS Jobs doesnt have to manually log in to Universal Jobmatch for a separate advertisement but that there is an automatic transfer of the advertisement from NHS Jobs to Universal Jobmatch carrying the same reference number.
4) The same has been confirmed by the sponsor to me in written that it is self explanatory for the job advert to be auto transferred from NHS Jobs to Universal Jobmatch with same reference number and duration of advertisement.
5) The same can also be confirmed from NHS Employers Website which confirms that NHS Jobs continues to be the primary website for advertisement, and I quote the first line of the undermentioned link -
"The automatic transfer of vacancies from the NHS Jobs website to the Universal Jobmatch website was re-introduced on Tuesday, 7 April 2015. This change has important implications for international recruitment activities which need to comply with the resident labour market test (RLMT) conditions."-

http://www.nhsemployers.org/news/2015/0 ... arket-test

6) Added a little bit of genuine pathos and sympathy seeking.

Made up the story in 1000 words.

Do you believe this might work?

Hi Freekychakra,

I have exactly your same type scenario and was looking to go forwards with an admin review as well.

How did your Admin review go?

Hi Freekychakra and Feralissimo

I currently am in the same situation as well. I was just wondering how did your administration reviews go please?

[Smsmxp2000]

Hi everyone who shared experience especially freeekychakra who took us through the whole story then didn't tell us how his review goes. Does anyone have experience about this issue as I received the similar letter from the HO.

[noajthan]

Member in question has not visited community for 8 months, they are evidently busy.

Suggest open own question in own topic.

[oliviaphua]

Re: VISA Refusal - help for next course of action
Postby Smsmxp2000 » Mon Nov 28, 2016 12:12 pm

Hi everyone who shared experience especially freeekychakra who took us through the whole story then didn't tell us how his review goes. Does anyone have experience about this issue as I received the similar letter from the HO.

Hi Smsmxp2000,

I got the similar letter as well. Try to contact my sponsor at the moment and the person in charge is on leave and will be back on next Monday. Do you manage to find out more information?

[CR001]

Re: VISA Refusal - help for next course of action
Postby Smsmxp2000 » Mon Nov 28, 2016 12:12 pm

Hi everyone who shared experience especially freeekychakra who took us through the whole story then didn't tell us how his review goes. Does anyone have experience about this issue as I received the similar letter from the HO.

Hi Smsmxp2000,

I got the similar letter as well. Try to contact my sponsor at the moment and the person in charge is on leave and will be back on next Monday. Do you manage to find out more information?

This is not a general question or discussion topic. Please start your own thread with your circumstances.