Tier 2 refused due to mistake, advice needed

aislinn12 · Post by **aislinn12** » Wed Feb 26, 2014 4:13 pm

I have posted on UK-Yankee forums and it was suggested I post my situation here. Looking for some advise please.

I was on a Tier 4 which expired on 30 Jan. I applied for Tier 2 visa 20 Jan. Refusal is dated 14 Feb, Deemed 18 Feb.

I was refused because my employer entered in 40 hours on the CoS application, and the job is listed as 39 hours on the Codes of Practice, because my salary was just above the minimal allowed salary, doing the math on 39 hours actually put me about £250 under what I needed to make. This was a mistake, my employer did not realize it was based on 39 hours, and has since agreed I will work 39 hours a week on my agreed salary. I was given an option to appeal but decided this is not way to go, laywer fees are ridiculous and it would take a long time, plus it was my employers mistake.

I had points for all other areas on my application.

Ive called the UKBA and am waiting for a phone call back because the customer service person did not know the answers.

My questions are..
1. Am I allowed to work?
2. How long do I have to reapply? The refusal said 10 days to appeal, the Solicitor I contacted said I have 10 days to reapply as well.
3. I have a letter from my employer ready to send to the UKBA explaining the mistake, asking them to reconsider my application. Is this a waste of time?
4. Can I even reapply? While on my refusal paperwork in Section D it does state that I have the option to make a new application, it also states 'in all cases an application should be made before your current leave expires.' Does this mean 28 days from the 30 Jan, 14 Feb or 18 Feb?
5. Am I now an overstayer, and if I can reapply do I have to state that on my new application
6. Should I just email the case worker and ask her these questions?
7. My employer has requested an additional CoS, because they were only allocated 1 for me to begin with, does anyone know how long this will take?

When the time comes to reapply I want to make sure everything is perfect, and now I have so much gray area I have no idea.

This is so stressful I have had a headache for days! Any help would be so appreciated, Thank you!

manci · Post by **manci** » Wed Feb 26, 2014 7:16 pm

3.
In the first instance ask your employer to call the HO employer helpline 0300 123 4699 (or you can call them yourself pretending to be an employer - calls are anonymous, no names are asked), explain that a mistake has been made in the CoS re. hours and ask whether the refusal can be reconsidered if a letter confirming the mistake is sent. Email, fax or post the letter to the caseworker in any case. Do this asap.
1.
if you appeal you are allowed to continue working by virtue of section 3C but if you don't appeal you are not.
2. 4. 5.
You probably misunderstood the solicitor. A fresh application cannot be made while an appeal is possible. However, once the 10 day period allowed for an appeal has passed, but within 28 days of the refusal, you can submit a fresh application. If you don't appeal you are an overstayer but overstaying up to 28 days is disregarded, hence the 10 - 28 day window for a fresh application, don't miss it. For the fresh application use the premium (PEO) or priority postal service so that you can resume work asap.
6.
not much point point except as 1. above
7
a request to increase the employer's unrestricted CoS allocation submitted via the SMS is usually processed within a matter of days.

aislinn12 · Post by **aislinn12** » Wed Feb 26, 2014 7:46 pm

Thank you for responding.

I will fax or mail a letter friday morning, I have one written just need my employer to sign it. And I guess I will stop working by the end of this week as well since that will be the end of my 10 days to appeal timeframe.

My employer requested the additional CoS on the 21 of Feb. We haven't had a response as of yet.

I will give them a week to respond to my employers letter first, and if I hear nothing I will call the business help line to check the status, and lastly reapply as long as we have the new CoS.

I don't have any contact information for my caseworker, is there a general fax number I should use?
and when I fax it should I make it attention to her, or just leave it as is?

Again, thanks so much, this is lowing my stress level having some clarity to the situation.

manci · Post by **manci** » Wed Feb 26, 2014 8:03 pm

aislinn12 wrote:Thank you for responding.

I will fax or mail a letter friday morning, I have one written just need my employer to sign it. And I guess I will stop working by the end of this week as well since that will be the end of my 10 days to appeal timeframe.

My employer requested the additional CoS on the 21 of Feb. We haven't had a response as of yet.

I will give them a week to respond to my employers letter first, and if I hear nothing I will call the business help line to check the status, and lastly reapply as long as we have the new CoS.
don't wait, call the employer helpline now with the question about possible reconsideration. Just ask the general question without mentioning any names

I don't have any contact information for my caseworker, is there a general fax number I should use?
and when I fax it should I make it attention to her, or just leave it as is?
it should be for the caseworker's attention.
firstname.lastname@homeoffice.gsi.gov.uk
fax Nos (Sheffield): 0114 207 5851 or last four digits 2906 or 5865 or 5869
postal address: UKBA, Tier 2, Home Office, P O Box 3468, Sheffield S3 8WA

Again, thanks so much, this is lowing my stress level having some clarity to the situation.

aislinn12 · Post by **aislinn12** » Thu Feb 27, 2014 6:20 pm

I thought of something today. Would it make any difference (other then time) if I were to make an appointment and do the visa in person? That way I can explain anything I need to, or does in person mean you go in and submit the paperwork and just wait without actually seeing someone?

manci · Post by **manci** » Thu Feb 27, 2014 8:10 pm

the premium PEO service is not for arguing a case, it is only for submitting straightforward applications. If you have a new CoS you may be able to re-apply via a PEO but since you will be an overstayer at that time ask the immigration enquiry bureau (0870 606 7766) if that would be allowed.

aislinn12 · Post by **aislinn12** » Sat Mar 22, 2014 2:04 pm

Hello everyone,

I just wanted to post an update and timeline. Today (22 March) I received a letter stating that my visa has been approved and I will received my biometrics within 7-10 days!

Reapplied for Tier 2 work visa on 7 March
Biometrics done on 13 March
Approval Letter 22 March

josesilva81 · Post by **josesilva81** » Sat Mar 22, 2014 6:38 pm

Hi all.

I'd like some advice on my situation, which is pretty similar to Aislinn12's. I'm in the UK and I was on a Tier 4 which expired on 30 Jan 2014. I applied for Tier 2 visa on 27 Jan 2014 and received refusal letter dated 20 Feb 2014, deemed 24 Feb 2014, due to a similar salary mistake on my CoS by the employer (they entered in 40 hours on the CoS, and the job is listed as 39 hours on the Codes of Practice; doing the math on 39 hours actually put me about £250 under what I needed to make, but my actual salary is above the threshold - the salary was wrong on the CoS).

Following my employer's advice I did NOT lodge an appeal to the decision and reapplied in person on 8 Mar (after the 10-working-day appeal deadline) using a new CoS with the right salary and a letter from the employer explaining the mistake, having stopped working since then. The caseworker said documents looked fine but it would take up to 10 working days for them to consider my new application - as my Passport and BRP had been retained by the Sheffield office as a result of the refusal.

It's now 22 March, the 10-working-day deadline is over and I still haven't heard from the UKBA about my new application. I'm worried because technically I am overstaying - not sure since when though.

My question is, what happens if they don't get in contact with me before the 28-day overstaying period is over? I know this could harm future applications but at the moment I don't even possess my passport to leave the UK.

Moreover, should the overstaying period be counted as of the day of the refusal (24 Feb) or the day after the appeal deadline (7 Mar)?

Is there anything you would recommend me to do? The UKBA letter says not to get in contact with them and my employer confirmed I should follow this instruction to avoid an even greater delay with my new application.

Thank you.

mirzanaveed · Post by **mirzanaveed** » Sun Mar 23, 2014 10:31 pm

Hi Aislinn12,

Congrats. Did you used 10 day priority service or standard postal application?

Thank you

Sofyasubbotina · Post by **Sofyasubbotina** » Fri Nov 21, 2014 10:05 am

josesilva81 wrote:Hi all.

I'd like some advice on my situation, which is pretty similar to Aislinn12's. I'm in the UK and I was on a Tier 4 which expired on 30 Jan 2014. I applied for Tier 2 visa on 27 Jan 2014 and received refusal letter dated 20 Feb 2014, deemed 24 Feb 2014, due to a similar salary mistake on my CoS by the employer (they entered in 40 hours on the CoS, and the job is listed as 39 hours on the Codes of Practice; doing the math on 39 hours actually put me about £250 under what I needed to make, but my actual salary is above the threshold - the salary was wrong on the CoS).

Following my employer's advice I did NOT lodge an appeal to the decision and reapplied in person on 8 Mar (after the 10-working-day appeal deadline) using a new CoS with the right salary and a letter from the employer explaining the mistake, having stopped working since then. The caseworker said documents looked fine but it would take up to 10 working days for them to consider my new application - as my Passport and BRP had been retained by the Sheffield office as a result of the refusal.

It's now 22 March, the 10-working-day deadline is over and I still haven't heard from the UKBA about my new application. I'm worried because technically I am overstaying - not sure since when though.

My question is, what happens if they don't get in contact with me before the 28-day overstaying period is over? I know this could harm future applications but at the moment I don't even possess my passport to leave the UK.

Moreover, should the overstaying period be counted as of the day of the refusal (24 Feb) or the day after the appeal deadline (7 Mar)?

Is there anything you would recommend me to do? The UKBA letter says not to get in contact with them and my employer confirmed I should follow this instruction to avoid an even greater delay with my new application.

Thank you.

Hi josesilva81. Almost exactly same situation here. Visa got refused due to a mistake in the working hours, so application got refused. Since my current leave expired before the refusal decision was made, I still have 28 days to make a new application. But here is the thing: in a panic mode I filed a premium service applicaiton to get the decision as soon as possible, just to later be told that they won't probably consider complicated cases, and since my documents are retained, it could be considered a 'complicated case' and I could be automatically refused. Never been so anxious in my life. Please respond.

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