Tier 2 Visa Rejected - incorrect COS reaplly?

[sundar1230]

Hi,
My tier 2 visa has been rejected due to the followingtwo reasons

a) To be awarded points for a job that passes RLMT undr sponsorship your sponsor should indicate on your Certificate of Sponsorshop that they have met the requirements of the Resident Labour Market Test as defined under Appendix A and in the Codes of Practice (which are also specified in Appendix J of the Immigration Rules)

Me: My COS has indication that the RLMT has been met and my employer confirmed the same so i think UKBA is wrong here

b) the salary on the job advertisement is stated as between 28k and 38k including bonus but the salary in my COS is stated as 40k without bonus as these amounts do not match we are unable to take this advertisement inot consideration

Me: Basically my emoloyer is giving me a salary above the mentioned in the advert. which we thought would not be a problem but the UKBA does not this so.

Can i go for an admin review stating that the point for point (a) above there has been a mistake by UKBA. and as for point b) provide a covering leter from employer stating that there has been a clerical mistake in my COS ? willthis be valid enough for case worker to overturn his original decison?

should i reapply with a fresh COS as my employer is willing to provide a new COS ? if i am reapplying can i use the same NHS surcharge payment reference number as before ?? as it is still not yet reimbursed?

Please let me know

Thanks,
SK

[Frontier Mole]

Because your salary offer is above the range on the job adverts then the RLMT has not been undertaken correctly. You can not advertise a role with a lower salary scale and then offer more to a Tier 2 candidate. That invalidates the RLMT because the role may have attracted more interest at the higher salary.
Essentially your potential employer will have to reconduct the RLMT with a higher salary scale that covers your proposed salary for it to qualify.

Pointless exercise doing AR it can not succeed. The claim of clerical error on your COS is falsehood by your own admission plus the fact there has been no error in law by UKVI

As for new COS - it will need a new RLMT.

NHS Surcharge - the requirement is for the surcharge to be paid at each application. Any refunds etc are outside of the fresh application. It is a common circumstance unfortunately.

[sundar1230]

Thanks Frontier

Employer says he will issue a new cos with the same advert and mention the salary which falls within salary range of the advert? this way no need to redo the RMLT because we are using the original advert ?

so basically will now mention the salary as 35k instead of 40k which is within the range of the orignal advert

Will this cause any issue if i reapply.. please let me know

[Frontier Mole]

I think you can expect a further refusal. There is a total lack of credibility in doing what is suggested. The Sponsor has already stated your salary to be higher than the adverts, so now stating it is in range is a ridiculous idea. It is likely to be rejected as a non genuine vacancy because it is obvious there is an attempt to jerrymander the RLMT.
If you get your visa then you have been lucky enough to get a particularly poor caseworker because it is nearly impossible not to work out what has happened....

[sundar1230]

Thanks Frontier

To explain my case more ... i am already in UK with Tier2 valid until dec 2017..i am now trying to switch employer...

i have already resigned in currently company March 18th was my last day.. i have checked with my employer they have not yet informed home office and it is still in the process.

Tier2 change with new employer was rejected as mentioned previously

How long can i stay in the UK ?
is it 28 days from my latest Tier2 application rejection date?
or 60 days once my old employer intimates the home office? by which i can get a new RLMT done and apply with a fresh cos with everything correct?