Advice required: Tier 2 visa rejected due to NARIC certificate not submitted and the new CoS rejected stating RLMT

[tkmeetsu]

Hi there,

One of my friend's Tier 2 visa recently got rejected stating that NARIC certificate for proving English language proficiency was not submitted. He had submitted a medium of instruction certificate from the university on their letter head stating that the degree was taught in English. It was a plain rejection and no extended period was given to additionally submit the NARIC certificate.

Finally in order to apply Tier 2 visa again with the NARIC certificate, a new CoS had to be issued. A request was made by the employer for the new CoS. But it came rejected stating that the Resident Labour Market test (RLMT) needs to be done again since the last job advert is just over 6 months now. It's quite a dejected feeling to get rejected just on the matter of NARIC certificate. Can anyone please advise any way out in this situation? 28 days are already over since the visa got rejected. Hence I doubt if we can still appeal on the decision and even if we do whether it will be really helpful.

Any help or advice is really appreciated.

Thanks
Nidhin

[CR001]

Hence I doubt if we can still appeal on the decision and even if we do whether it will be really helpful.

There are no appeal rights for PBS route visas.

He might have had the option for AR, but if he failed to submit the required documents, then AR will fail as the refusal would have been correct. As he did not submit the AR, if he got the option, within 14 days of refusal, he likely cannot do it now either.

Was this an application within the UK or from abroad?

What is your 'friends' UK Immigration history?

[tkmeetsu]

Hi,

This was an application from abroad.

He hasn't held a Tier 2 Visa before. But have been in the UK in Business Visa before.

Thanks
Nidhin

[GriffinTaimer]

Hi,

The ECO would have requested your friend or his sponsor to submit the additional document within 10 working days when an UK NARIC english language proof was not submitted at the time of the application. If they have not done this then along with the missing english language proof there might have been other reasons why the ECO rejected the application.

Refer point no 194 in UK visa policy document..

we may contact you and/or your representative and/or your sponsor, and request the
required documents or missing information.
We will not ask for additional documents if your application will be refused for other
reasons.

The rejection letter has to state only one rejection reason and the ECO can and will in many cases assign points to other categories without making an investigation since the application has already been rejected. While this reduces the work load for the entry clearance officer it'll hide additional issues with the visa application, which might cause the application to be declined for a different reason the subsequent visa application made.

As outrageous as the above statement sound it is true which I learnt after raising this issue on many public forums. My best advise to anyone in this situation is that they should thorougly review their application once more and also get the application reviewed by a solicitor who specialises in this.

Please do share the outcome of your friends subsequent application.

[Mouli]

Hi,
I am in a similar situation.my tier 2 general got rejected with the reason that I didn't submit NARIC.
I want to reapply with naric and new cos now.my sponser has raised request for a new cos .
Please let me know what was the outcome of your application.