Tier 2 Visa refusal – Genuine Vacancy

Right now I am on a Tier 2 Work Permit Visa as Financial Accounts Manager with SOC code 3538, which is valid till end of 2019. I was looking to switch sponsor so i applied for job vacancy where I got shortlisted and selected. However the company doesn't have sponsorship licence. And since I being immigrant, I need a sponsor to apply Tier-2(G) Visa. They were happy to sponsor me since I met all the requirements they were looking for so they applied for sponsorship licence on third week of March 2017. However, they received an email on last Friday, saying it has been refused and the reason they gave was not a genuine vacancy however it was and they need someone who can join them immediately because of the workflow of the organisation. And only I was available to join them immediately and that also with all the experience and qualification required as well as I was happy with the salary that they were offering. So could you suggest me what can we do in this regards.

Our Response

We would need to have a look at the refusal letter to understand why the sponsor licence has been refused. The Home Office would always give the reason albeit under genuine vacancy why they did not believe the vacancy was genuine.

Your next course of action would depend on the exact reasons they give. It is also important to note that generally, when sponsor licence applications are refused there is usually a 6 months ban from reapplying. It is therefore important that you check to make sure that you seek advice from business immigration solicitors before making your application.

Importantly, sponsor licence decisions may be challenged if you do not agree with the decision and you have substantial evidence to show that the home office may have made an error or missed something whilst considering your application.

If for example, the home office comes back to say that we do not believe that this vacancy is genuine because the RLMT was not conducted properly, you can always redo the RLMT and then reapply.

Also if the decision is that you are just creating the position for the applicant and/or that the job description is taken directly from the SOC code, your action may be proving that it this is untrue.

It is also important to note that if your application have been refused you must challenge it within 14 days. You can challenge the decision or request the Home Office to reconsider their decision.

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