ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tier2 application refused with no right to appeal URGENT

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
taurus89
Newly Registered
Posts: 4
Joined: Sat Nov 30, 2013 8:40 am

Tier2 application refused with no right to appeal URGENT

Post by taurus89 » Sat Nov 30, 2013 8:53 am

Hi All

I applied for a tier 2 visa application which was refused with no right to apeal as i still have leave to remain in the uk for the next 2 days. The grounds for refusal was that i was not on appropriate salary as per codes of practise. My company is not willing to increase my salary as they feel that the home office has increased the salary.

i realy dont know what to do as i had so much hope that my application would be granted and my mind was not prepared to go back home in this manner as am not ready financially, considering i paid so much for my visa application

does anybody know what i can do in this situation? I consulted a barrister who is willing to fight my case - is this the right thing to . anybody been in a similar situation? and what did they do?

all advise is appreciated

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Sat Nov 30, 2013 9:01 am

Fight your case using exactly what to sustain his arguement? Oh wait, I know: your money!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sat Nov 30, 2013 10:17 am

There is no chance of a successful application if the salary is not at least the minimum stated for the job SOC code

Check that the SOC code given in the CoS was the correct one, or may be another code would have been more appropriate - your job description (not job title) should be a good match with the job description for the particular SOC code. Remember also that determining the correct SOC code is the sponsor's responsibility, not yours.

Once your leave expires you will be an overstayer and cannot continue working. However, overstayng up to 28 days is disregarded and provided you get a new CoS from your present (or another) sponsor you can make a new application

taurus89
Newly Registered
Posts: 4
Joined: Sat Nov 30, 2013 8:40 am

Post by taurus89 » Sat Nov 30, 2013 12:46 pm

manci wrote:There is no chance of a successful application if the salary is not at least the minimum stated for the job SOC code

Check that the SOC code given in the CoS was the correct one, or may be another code would have been more appropriate - your job description (not job title) should be a good match with the job description for the particular SOC code. Remember also that determining the correct SOC code is the sponsor's responsibility, not yours.

Once your leave expires you will be an overstayer and cannot continue working. However, overstayng up to 28 days is disregarded and provided you get a new CoS from your present (or another) sponsor you can make a new application


Thanks for your response Manci

the SOC code given was incorrect by my employer as its in the category of research and development manager with entrant salary of 27500 at a phd level skill. I am not a manager in my company and am on a salary of 24500 with a bachelors degree switching from post study to tier 2.

When issuing me the refusal letter the home office said it seems like the person who issued this had no idea what they were doing because the soc code assigned sates u should be earning 27500 but since you dont work 40 hrs per week it should be atleast 26500.

when i got in touch with my company they said that they did not issue wrong soc code Unfortunately, the Home office have recently changed their requirements with regards to salary and therefore the application was rejected due to the salary. All of our employees who have or require tier 2 certificates are coded within this as it is industry specific.

my line manager is willing to help with the case and liaise with HR. Considering that my visa expires 2 DEC 2013. is there a way a new SOC code can be assigned on the same day my visa expires and does the home office offer SOC codes on same day? Also are companies issued certain sort codes or rather a specific soc code such that it cant be changed?

If I had known i was on the wrong SOC code I would have notified HR but it only came to mind when home office did there calculation etc and that's when i even knew the SOC codes existed. Prior to applying i thought i met all necessary attributes because on the tier 2 guidance policy it states i should be earning 20300 or more. so I was sure i scored all the points only to be bamboozled by the home office

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sat Nov 30, 2013 1:35 pm

If you can agree with the company what the correct SoC code should be to get you over the salary hurdle, and provided they have an available unrestricted CoS allocation, they can assign a CoS to you in a matter of minutes on Monday. If they do that you are still in time to make an in-time postal application for T2 leave as long as you post it on Monday. You can then continue working since your present leave will be automatically extended under section 3C.

You can find information on SOC codes and appropriate salaries here:
http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf

The T2 policy guidance is here:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

taurus89
Newly Registered
Posts: 4
Joined: Sat Nov 30, 2013 8:40 am

Post by taurus89 » Sat Nov 30, 2013 1:42 pm

manci wrote:If you can agree with the company what the correct SoC code should be to get you over the salary hurdle, and provided they have an available unrestricted CoS allocation, they can assign a CoS to you in a matter of minutes on Monday. If they do that you are still in time to make an in-time postal application for T2 leave as long as you post it on Monday. You can then continue working since your present leave will be automatically extended under section 3C.

You can find information on SOC codes and appropriate salaries here:
http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf

The T2 policy guidance is here:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Thanks a lot Manci - I appreciate your response and help!!

By the way how do i know that my company has unrestricted COS allocation? From what I know and based on the list of sponsorship companies they have tier 2 A rating - does this give a clue if they have unrestricted COS allocation?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sat Nov 30, 2013 1:58 pm

taurus89 wrote:[By the way how do i know that my company has unrestricted COS allocation? From what I know and based on the list of sponsorship companies they have tier 2 A rating - does this give a clue if they have unrestricted COS allocation?
The only way to find out if they have an unrestriced CoS allocation available is to ask them.

If they don't they can apply for one but the process takes 1-10 days.

The main thing is to agree the SOC code and salary with the company and confirm their willingness to assign a new CoS to you. If you manage to do this you could still apply on Monday even if the CoS cannot be assigned through the lack of an allocation - you can then send the HO the CoS number later as soon as it is available.

taurus89
Newly Registered
Posts: 4
Joined: Sat Nov 30, 2013 8:40 am

Post by taurus89 » Sat Nov 30, 2013 2:18 pm

sure I will go ahead with that - thanks a lot for your help!

Locked
cron