Tier 2 (general) leave to remain refusal overturned
The application by our client's employee for leave to remain under tier 2 (general) was refused on the basis of the qualification that he claimed points for the application. The UKBA stated in its refusal letter that since the employee's qualification was not on the points based system calculator as recognised by UK NARIC that it could not be used to claim points for the application.
We reviewed the tier 2 policy guidance on this point and identified that the UKBA had made an incorrect decision which was not in line with the guidance. Following correspondence on this point with the UKBA, the Agency made the decision to overturn the refusal and the employee was granted his leave to remain under tier 2 (general).
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