Need a help urgently about Tier 2 visa refusal/apeal

[pokale2600]

Hello everyone,

Recently my tier 2 visa was refused. as i had to submit my Tier 2 application without CoS (Since new rule came in to place it was taking ages to get a CoS so we submited application requesting UKBA to hold on to application till we get a CoS)

Now UKBA has given a right to apeal against there decsion. Can anyone please guide me if it is worth appealing which will give us couple of months which we can use to get a CoS. once we get a CoS we can withdraw appeal and apply for Tier 2 again?

I will appreciate all kind of sugestions.

[ashleyransoo]

Hi There,

I'm in a similar situation to yours.

I was waiting for the November decision for COS but got refused my FLR application in the meantime. Although a letter was sent to ask them to hold the application until COS is received.

Now the rejection of the FLR was on 8/11/10 but letter received on Friday 12/10. They have given 28 days to leave the country or 10 days to make an appeal of the decision. But an appeal would be useless since it was rejected for the correct reason (No COS).

But I still haven't heard for the November COS. I would guess it's a negative too since they already rejected the FLR.

Was wondering what are our options in this situation.
Hear from you.

many thanks,
Ashley.

[ashleyransoo]

Can I please urge some senior members/moderators to be a bit more active on the forum?

Much appreciated.
Ashley.

[pokale2600]

Hey ashleyransoo,

I cant think of any other options except one i have mentioned above. we need to make a decision about appeal today. problem is i dont know if it is ok to appeal and apply for CoS. once we get CoS withdraw appeal and submit fresh Tier 2 application. our immigration solicitor thinks its ok (they dint know about this option until i told them) but i doubt it as i think honestly they are more interested in money.

If we dont get CoS and appeal goes unsucessful then it will not be good for future application.

Dont know really what i am going to do. totally stressed to think anything.

Anyone, sushdmehta? please help.

[ashleyransoo]

Hi Pokale2600,

Really appreciate your anticipation for that option.

But are sure we can keep an appeal going for couple of months until we get allocated a COS. And do we have the right to continue working while the appeal is going?

I do understand that immigration lawyers are just helping out for exorbitant amount of money, but won't go out of their way to do anything unless they get more money out of it, which is a bit dishonest.

Anyway, regarding the appeal it seems it's gonna be straight-forward for them to maintain their decision since it was refused as per the set rules (No COS).

Hopefully moderators can shed some light here for us.

Thanks,
Ashley.

[pokale2600]

Yes! appeal form does say that 'your previous leave and the terms and conditions will be extended, by virtue of section C until such a time as the appeal is resolved'.

However UKBA will decide on what day appeal will be heard. it can take 1 month or upto 3 months. If appeal hearing date happen to be within a month that will be the worse case scenario. as you said it will be straight forward for them to refuse our appeal as application was submitted without CoS. Idea is to borrow some more time for CoS, only if we get couple of months to hear appeal.

thanks & Regards

[geriatrix]

1. The chance of winning an appeal are, IMHO, next to none. Applying for leave to remain as a sponsored worker without evidence of sponsorship (CoS)! Doesn't make sense, at least to me.
2. Given the interim limit restrictions, what are the chances that your employer will be issued a CoS in the future for a candidate who has had previous CoS application refused. Unless you address the reason(s) of refusal of CoS, the chances of being granted a CoS in the future are also slim. With limit on numbers, granting a CoS is also at UKBA's discretion.
3. The moment you withdraw an appeal Section 3C protection ends and you become an overstayer. Any new Tier 2 application may or may not be accepted by UKBA for consideration (i.e.- subject to UKBA discretion).


In effect, you may buy some time to remain in the UK if you appeal within the stipulated time. And yes, you can continue working until the appeal process has not been exhausted / appeal is withdrawn (Section 3C). But whether you are able to achieve the end goal - leave to remain as a Tier 2 migrant - cannot be said!



regards

[ashleyransoo]

Thanks for the reply Sush Mehta.

2. Discretionary allocation of COS is illegitimate as far as I know.

3. The only point for refusal of my FLR first time was because of the salary and code of practice, which has now been addressed in the new request for COS allocation. This was purely a mistake of my employer not being aware of what the requirements were for sponsorship, for which I believe the COS number shouldn't have been allocated in the first place if the salary was wrong.

I would have thought my request to be treated under urgent consideration. But they are taking longer than the usual process. Some people have already got reply, while I'm still waiting for November pannel. Strange!

Thanks,
Ashley.

[geriatrix]

3. The only point for refusal of my FLR first time was because of the salary and code of practice, which has now been addressed in the new request for COS allocation. This was purely a mistake of my employer not being aware of what the requirements were for sponsorship, for which I believe the COS number shouldn't have been allocated in the first place if the salary was wrong.

Did your employer specify, in the CoS application, a code and salary that doesn't exist (or match with each other) or did they specify a code and salary that doesn't match your job and salary in reality. If the latter then you cannot blame UKBA for ignorance / mistake of your employer.

I would have thought my request to be treated under urgent consideration. But they are taking longer than the usual process. Some people have already got reply, while I'm still waiting for November pannel. Strange!

There is a process for requesting "urgent" consideration, explained in para 45-47 of the policy guidance. So was the process followed by your employer? And I hope you are not confusing "urgent consideration" with "exceptional consideration" or vice-versa.



regards

[avjones]

However UKBA will decide on what day appeal will be heard. it can take 1 month or upto 3 months.

No, it's not the UKBA who set a date. It's the First Tier Tribunal.

[J_PO]

Hi There,

I'm in a similar situation to yours.

I was waiting for the November decision for COS but got refused my FLR application in the meantime. Although a letter was sent to ask them to hold the application until COS is received.

Now the rejection of the FLR was on 8/11/10 but letter received on Friday 12/10. They have given 28 days to leave the country or 10 days to make an appeal of the decision. But an appeal would be useless since it was rejected for the correct reason (No COS).

But I still haven't heard for the November COS. I would guess it's a negative too since they already rejected the FLR.

Was wondering what are our options in this situation.
Hear from you.

many thanks,
Ashley.

Hi Ashley,

I am also waiting to hear from the Nov12th Panel. Did you submit the request in Oct and if so, were you required to re-submit the request on the updated COS request form that had the extra requirement of providing details of the conducted RLMT? I am sure this would have been necessary to meet the requirments in the recently updated guidance, but my sponsor called the UKBA and was told by someone that it would not be neccessary!?

Can anyone shed some light on this please?

Oh, and what does FLR stand for please?

J

[wf]

Further Leave to Remain ie: extension

[ashleyransoo]

hello J_PO,

We were contacted to to send further information regarding job advertisement details. But it was not a proper Labout market test, since i've been employed for more than a year now.

My lawyer also submitted the new form but without RMLT. Just details of job advertisement put in.

I'm still waiting to hear for the COS. Are you on PSW too?

Regards,
A.

[Genuinealb]

Hi all,

I am switching from WP to Tier 2 with the same employer.

I sent my Tier 2 application without CoS on 1st of November which was the last day of my visa.
On 5th my employer was granted the cerificate of sponsorship but no CoS allocated.
On 10th I had the appointment for the biometrics in Croydon.
We are still waiting for the decission of November panel.
At the moment I am not working because my employer is affraid is not legal.

This government will go down. They don't think before acting.


God help us all.

[roadkill1979]

NOVEMBER PANEL RESULT FOR ME: I am on 30k salary, PSW visa expiring on 9th December

TIER 2 (GENERAL) – REQUEST FOR INITIAL/ADDITIONAL ALLOCATION OF CERTIFICATES OF SPONSORSHIP

Your request for an initial/additional allocation of Certificates of Sponsorship (CoS)has now been considered by a panel of managers from the Sponsorship Unit.

This month the panel awarded additional allocations of CoS to sponsors with posts meeting the following criteria:

New shortage occupation posts with salaries above £20,000 per annum and
New non-shortage occupation posts with salaries above £32,000 per annum.

Unfortunately you have not been awarded an allocation of Tier 2 (General) CoS at this time. This decision has been made in accordance with the guidance and rankings detailed within the Sponsor Guidance and the criteria set out above.

There is no right of appeal against this decision but you can make further CoS allocation requests for exceptional consideration up until the end of the interim limit period which will be 31 March 2011. Please see the Sponsor Guidance for further information.

[roadkill1979]

I am in a bit shock as what to do now apart from applying for December Panel meeting with Job title and salary raise.

Being here in the UK with my family for the last 7 years I donno what to do now as it is really tough on me this time. I thought things will be fine kids go to school, got career sorted ... but this sh** is real bad this time.

keep u posted.........

[VisaFrenzy]

Dear Roadkill,

Sir, I can feel what you must be going through, How can HO tell somebody like you who have dedicated their like and years to a company and being on a respectable 30k to go back. This is ridiculous and unfair.

Any idea why Home Office have rejected your company's COS allocation request. Are you still in UK. I am in the same situation sir only difference is I am not married.

[pricesoft]

ashleyransoo makes a very good point in saying Discretionary allocation of COS is illegitimate. Apart from this, it is also very important to note that between the 19th of July 2010 and sometime in December 2010 quite a few CoS applications were refused on the basis of an illegal "cap". The UKBA have till date not said anything about that they'll be doing about these refused applications.

I have been on this forum for a while now and I can see some people have successfully applied for a CoS for a non-shortage occupation with salaries well below the 32000 and 36000 requirement. Where is the fairness here?

I really do think it is high time somebody took them up on these issues.

[rejurejeesh]

hi everybody,

my visa is expiring this month 30th. my employer send my application for cos last month(dec.17th). but we didnt get any replay from homeoffice. i dont know wat to do now. pls give me valuable informations.


regards rejeesh