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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My husband is a US citizen living in the US. I am a UK citizen

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my husband is a US citizen living in the US. I am a UK citizen living in the UK. My husband has been offered a job by a company that are 'A' rated with immigration, pending his visa application of course. The RMTL was fulfilled and he received 30 points for the market test and 15 for his salary. According to the company this would have usually been enough to secure him a tier 2 visa. However thier immigration solicitors submitted the application and it was declined on a points basis. They met their quota of visa on a points based system and my husband did not have high enough points on it. Now the solicitors told us that the reason for this is a new government cap on immigration brought in this April. My question to you is, is there any way being that we are already married that he can live here. I don't earn enough to meet the marriage visa requirements of suporting him, ironically his job offer would mean that he would be earning enough to fulfill the requiremnts. Is there a way around this, being that he has a job offer that has had the market test done for over 30 days to satisfy the immigration criteria? Is there some way he could possibly come over on a marriage visa?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
There is an annual cap of 20,700 such visas beginning 6 April and ending on the following 5 April, for foreigners earning less than £150K per year.
If your husbands application was lodged after 6 -April 2015, it is unlikely that the cap,would have been exceeded already as it is only June.
There is some confusion as you say that the application failed on points and then you say the application
Failed as the annual cap had been reached. It seems that the solicitors are being vague and your husband should ask for the refusal letter to see precisely the grounds on which his application was refused.
As you do not have the earnings to sponsor him for a marriage visa and the job offer would not really help his case, he should focus on getting the Tier 2 general visa. If he applied before 6April 2015, he should re apply again now as the cap for this year has not been reached.
Indeed, this Article suggests that the cap was not reached last year as well, it says it was nearly reached
http://www.workpermit.com/news/2015-05-27/uk-tier-2-general-visa-limit-almost-reached
Hope this helps
Customer: replied 1 year ago.
Sorry it took so long to get back to you but I have been having issues with this website.First thank you for the response, the information you provided was a bit helpful but now poses more questions than it answers.
I have provided the emails my husband was given and things seem a bit 'odd' if you will. Is it possible that the firm messed up in his application which is why it was rejected? Based on the 'graph' they gave my husband, he should have received 45 points total which should have exceed the 32 point minimum.Email From UKVII:
Organisation name: FelineSoft Ltd
Sponsor licence number: Y1GX85YH1
Restricted category: Tier 2 (GEN New hires under £150k) Decision date: 04/06/2015 Number of CoS requested: 1 Job title: Software Developer Job type: 2136 Programmers and software development professionals
Thank you for your recent application for restricted CoS. Your application has been refused, as it did not meet the minimum points score for the allocation of a restricted CoS on the above decision date.
This application will not be submitted for consideration at the next monthly allocation of restricted CoS.Email from the Solicitor's firm:
As discussed, please find below the notification email received from UKVII have made further investigations and have found out that there is now a limited number of restricted certificates available each month. Each application is assessed using a points system.
The government has retained the annual cap for Tier 2 Restricted Certificates of Sponsorship at 20,700 for the current year, 6 April 2015 - 5 April 2016. The cap was reached in March 2015 and if it was not for the fact that the monthly quota for April was increased to 2,550, the cap would have been reached in April. For the month of May a total of 2,277 Restricted Certificates of Sponsorship were allocated, leaving only 8 remaining to be rolled over to the already reduced allowance for June; only 1,658 will be available for June. It is very likely that the cap will be reached for June which will mean some Sponsors will not be granted their Restricted certificates.
For the first time the points based allocation system is likely to be utilised whereby those scoring a higher number of points are more likely to be successful.
The points range from a minimum of 32 to a maximum of 105 as per the table attached.
If Sponsors miss out on an allocation where the cap has been reached, then they will need to submit a fresh application the following month. The CBI is currently lobbying the government on this issue and it will be important for Sponsors to make their voice heard if their business is being damaged by an inability to recruit skilled migrants from overseas.
In view of the above, if you wish, we can make a new submission for consideration in July.
Please let me have your instruction.
Expert:  UKSolicitorJA replied 1 year ago.
I am confused as the visa refusal points to lack of sufficient points whereas the solicitor attributes the refusal to the cap.
It is possible that the solicitors messed up as you say and I would advise your husband to contact UKVI directly and ask them why his application was refused.
All the best
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
The link you provided originally (https://www.gov.uk/government/publications/employer-sponsorship-restricted-certificate-allocations/allocations-of-restricted-certificates-of-sponsorship) is great as it provides us with the data. After looking at June's data, you can see that they upped the minimum points to 50 which is why my husband was rejected.Do you know why they increased the points required? Considering the allocated CoS for July is over 2000, do you think they will reduce the required points again? The firm my husband has a pending job offer with is resubmitting in July and while his points will not change, if they reduce below 45 points, he is very likely to be approved.
Expert:  UKSolicitorJA replied 1 year ago.
The minimum points required is 32 and I am afraid I cannot say why this was increased to 50 or whether they will reduce the points next month.
I suggest you have a read of this document to know the process more:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/428196/Tier_2__5_Sponsor_Guidance__v_1_1.pdf

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