Yesterday we held a Webinar on Tier 2 Refusals and Appeals as part of our monthly e-learning training series. As we greatly believe in sharing knowledge, below a few quick and practical tips on how to avoid a refusal in the first place, and what to do if you as an employer / employee receive one.
The three ‘Is’ of general grounds for refusal:
- Incorrect SOC code for the proposed job
- Inappropriate salary
- Insufficient maintenance funds
Ensure that you as an employer have selected the appropriate SOC code, salary rate, and carried out the necessary Resident Labour Market Test to avoid any unnecessary stress and delays to both applicant and business processes.
Employers are encouraged to adopt a hands-on approach and assist applicants with their application until its successful competition to ensure that the information presented on the applicant’s form matches with that offered by the organisation.
Invalid applications – different from refusals
An application will be deemed and returned invalid for a number of reasons, the most common of which are:
- Non-payment of fee OR payment of incorrect fee
- Form is not signed
- Accompanying photos are not right
Invalid applications put employees in an awkward position, particularly if their leave to remain has expired by the time the application has been returned invalid. Additionally, they leave very limited options.
- There are restricted types of appeals that you can lodge under PBS and they are limited to in-country applications. Out of country applications under PBS attract a right to judiciary review (where upon re-applying another immigration officer reviews the information), but no right to appeal. Dependents of PBS applicants applying out of country do however attract the right to appeal for a refused application as this falls under the family right and not PBS category
- If an application is refused before current leave expires, the applicant will not have right to appeal, but is entitled to reapply
- Pay careful attention to the date when the refusal note was issued as you have 10 days from that date to lodge an appeal if refused within the UK
- 28 days to lodge an appeal if a non-PBS application is refused outside of the UK
- Ensure you obtain the correct appeal form and pay the £140 fee
- Ensure to address each reason for refusal in your response
- As soon as your appeal date is provided, you have three
- Lodge your evidence 5 days prior to the appeal date and do so in a judge-friendly manner, i.e. in chronological order