Tier 2 visa refused due to

[kavvin]

Hello
I just received a refusal for Tier 2 general visa extension from UKBA. The reason stated was that COS did not have the details of a valid RLMT.
So basically I was given the intial 3 yrs Tier 2 general visa under the standard occupational classication 2139 after which I moved to a different role in the same company. This time, while applying for an extension at the end of 3 years, my HR applied for the Cos under the SOC code of 2135 and I submitted the application. I was told by my HR that the change of the role would not matter and the RLMT was not required since the extension for an employee in the same company.

Can you advise if an re-appeal/administrative review will help in this case? If not, can I re-apply under the old SOC code of 2139? or do you have any suggestions?

[iworker]

the HR was wrong. Change of code meant u have to do rlmt again.
Its not your chouice to choose which soc to apply.. there is a proper way of ascertaining which is the right code and then employer assigns that and issues to client.
an advise going around the system would not be legal on this forum

[Djsuccess]

Hello
I just received a refusal for Tier 2 general visa extension from UKBA. The reason stated was that COS did not have the details of a valid RLMT.
So basically I was given the intial 3 yrs Tier 2 general visa under the standard occupational classication 2139 after which I moved to a different role in the same company. This time, while applying for an extension at the end of 3 years, my HR applied for the Cos under the SOC code of 2135 and I submitted the application. I was told by my HR that the change of the role would not matter and the RLMT was not required since the extension for an employee in the same company.

Can you advise if an re-appeal/administrative review will help in this case? If not, can I re-apply under the old SOC code of 2139? or do you have any suggestions?

iworker was spot on in his response.

In addition to that, your sponsor has the responsibility of notifying the UKVI if your circumstances have changed and that includes changing of roles or promotion. Im sure if they had done this when you moved to the new role, the UKVI might have flagged it up. Change of role from one SOC to another will attract RLMT except for those in shortage list (not many of them though as they are very specific to certain industries). It is important that your sponsor uses the right SOC because your job title and job description must suit the SOC code used.

[kavvin]

Thanks for your responses. I agree that this was an HR mess up . I was just exploring options... any other suggestions w.r.to my next steps would be helpful. My refusal decision mentions that the I am eligible for an review and not an appeal(I understand that these are two different things). Any idea if eligibility for an appeal is explicitly mentioned? or is it availalble by default? And what do I appeal for ? I see no point in a review considering that this was a clear error.
My HR has said that we'll be discussing options, but I dont really see what they can be at the moment. Any suggestions would really be helpful.

[CR001]

You cannot appeal.

https://www.gov.uk/immigration-asylum-tribunal

I don't see how an Admin Review will help as HO did not make an error in refusing the application. Even if you could appeal, what error did HO make?