Tier 2 Visa Refusal & Appealing against the decision
Tier 2 Visa can be refused on a number of reasons. Call ICS Legal Refusal Team on 0207 237 3388 or e-mail us your refusal letter on firstname.lastname@example.org. We can discuss merits on your appeal following the refusal of a Tier 2 Visa.
The most common reasons for a Tier 2 Visa is refused on the following grounds:
The employment is not genuine and the Tier 2 migrant has failed the Tier 2 genuine test.
Incorrect SOC code for the proposed job.
Insufficient maintenance funds which are a common reason for refusal.
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. If your employer requires help on immigration compliance, then click here to read more on this.
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 an incorrect fee.
The 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.
Following the changes implemented by the Immigration Act 2014, right to appeal is restricted only on human rights grounds. Tier 2 Visa Refusal can still be challenged by way of a judicial review or request for an administrative review. Click here to read more information on the appeal process and how ICS Legal can help you through that process.