Tier 2 visa refusal

Question

I received my refusal letter after applying for Tier 2 visa for the second time and the wordings are as follows:

On 26/04/17 your previous application for an Entry Clearance under Tier 2 (General) was refused for the following reasons:

"In support of your application I note that you provided a job offer letter from XXXXXXXXXXXX dated 13/01/17. This letter confirms that you were offered the position of “XXXXXXXXXXXXXXXXXXXXX” on 13/01/17.

Your COS States that your employer advertised for your role on Universal JobMatch and Linkedin. However, Both adverts were placed on 12/01/17 with a closing date of 11/02/17. You were, therefore offered the position nearly a month before the closing date of the job adverts. There, regardless of any applications your sponsor might have received, your sponsor had already offered the job to you. I can only conclude that your sponsor placed these job adverts merely to meet the requirement of tier 2, rather than in a genuine attempt to employ a settled worker. Given the above I am not satisfied that your sponsor has conducted a genuine labor market test’ In Support of the of your current application you have submitted a letter from your sponsor dated 13/06/17 stating that a mistake was made on your previous job offer letter and an incorrect date was added. Whilst I acknowledge this statement, the information /documents submitted do not evidence your sponsors stated mistake or provide further details that evidence that the labor market test conducted as required. Subsequently, I am not satisfied that you have addressed the previous refusal and I have not awarded the points that you have claimed for your Certificate of Sponsorship in accordance with paragraph 76 to 84A of appendix A of the immigration Rules."

Having provided, the refusal statement. I would like to ask what to do next because I know in earnestness that I was interviewed after the RLMT and offered the job much afterwards. it is very unfortunate that the mistake has been made and an impression of non genuine RLMT is been established because I have email correspondence throughout the time that I applied for the job, interviewed and offered. I would like to know how to move forward with another application. Do the sponsor need to run a new RLMT. your advise will be highly appreciated as I am quite new to this process.

Answer 1

• Step 1: Stop making applications. You risk attracting serious refusals that will not look good in your application history. At least for short-term visa this may lead to a worst case of a ban.

• Step 2: Get a solicitor. While we do not know all of your application history nor the full text of the refusal, there is enough evidence that neither you, nor the company that is offering you a position understand well enough what they are doing. Some hints:

  • In your first application there was a mistake regarding some date and you had this corrected in your second application, but failed to provide any proof of such.
  • Even though you messed up on some date in your first application and were therefore refused, they/you managed to mess up a similar (same?) matter again in the second application.

With such a history, any new application you will make, will attract extreme scrutiny and you must be convincing in every detail. On how to find a good solicitor to help you (depending on how much you trust the company that wrote your offer, they or you will want to reach out), have a look to our sister site Travel SE:
How do I find an immigration lawyer/solicitor to help with my UK Visa application?
and start from there. This will involve a lot of money and they might only take on your case if they deem your chance of succeeding sufficiently high.