We have been representing clients in a series of Tier 2 visa appeals where the refusal of the application was due to an incorrectly assigned Certificate of Sponsorship – the employer was lost in the ever changing codes of Standard Occupational Classification, or assigned the wrong salary for the wrong job, or put in insufficient number of hours in relation to the right job and otherwise right salary…
Luckily, our appeals were successful. But success in the tribunal was due procedural and technical errors on the part of the UKBA and statement of additional grounds following the request of the Secretary of State to disclose any additional information why the applicant should not be removed from the UK.
Mistakes in the certificates of sponsorship may appear trivial, but they are surprisingly difficult and sometimes impossible to correct and may have very serious consequences for the applicants for Tier 2 visa.
The difficulties with making changes in the certificates of sponsorship are due to a number of factors: first, once the application is submitted no additional documents can be sent to be enclosed with the application; second, once the certificate of sponsorship is assigned it cannot be used more than once, and if it is submitted in support of a faulty application, a new one has to be issued for a replacement application; and third, the applicant’s visa may have expired while the faulty application was with the Home Office and by the time replacement application is ready the applicant may be out of time to submit a new one.
Most disadvantaged are Tier 4 migrants switching into Tier 2 visa in country, as they cannot take advantage of the 28 day grace period after expiry of their Tier 4 visa (or refusal of the faulty application for extension of leave), since the immigration rules specifically require them to have leave to remain which has not expired – unlike Tier 2 or Tier 1 migrants who are required to have to have last been granted leave to remain in the applicable category.
Tier 4 migrants affected by mistakes in the certificates of sponsorship may have to leave the country and apply for entry clearance from their country of origin. The downside of this is not only the cost of the return ticket but perhaps more importantly the loss of the advantages enjoyed by Tier 4 migrants when switching into Tier 2 route in country – namely, exemption from the resident labour market test and entitlement to an unrestricted certificate of sponsorship.
Immigration lawyers are best placed to help avoid these costly mistakes and get Tier 2 visa approved first time round. If you need help with issuing a certificate of sponsorship or applying for Tier 2 visa, contact Kadmos Consultants for a cost effective and reliable solution!