Tier 2 rejected: wrong job code and work permit holder issue

workingvisa2014 · Post by **workingvisa2014** » Tue Aug 12, 2014 2:44 pm

Hello!
Desperately need your advice.

Just received rejection letter. I applied for leave to remain after my PSW with the same company that I worked for during my PSW. HR put the wrong job code they put 7220 and should have 2473. so this cost me 20 points.
Also I put as proof of maintenance funds that I was a work permit holder as I had Post Study Work Visa and provided payslips as requested for the whole period of employment. I was sure that if you have work mentioned in your visa this means that you are a work permit holder. I did not have 950 on my account for 3 months as I was spending quite a lot, so decided to show as requested all my payslips and everything.

Please advise what should I do? I was offered appeal. My employer already admitted mistake and I can get letter from them confirming this and maybe change CoS. But will it be possible to prove that me having post study work visa makes me work permit holder so I can prove my funds? Or what other options do I have to get my Tier 2 visa?

Thank you so much any reply. I have only 5 days to make appeal:(

Post by **Frontier Mole** » Wed Aug 13, 2014 9:33 am

You are not a work permit holder , that was the previous term for a work visa prior to tier2
Appeal is a waste of time, the COS was issued for a NQF 4 role which you can not switch to. Trying wind back the clock to say it was an error in court is not going to get you anywhere and your sponsor will come uder further scrutiny from the licence people. There has been no error in law.
If your role is truly as you state then get a new COS and send in a new application. The downside will be you do not have continuing rights pending the visa decision so if your previous visa has expiried you can not work until you receive your new visa.

workingvisa2014 · Post by **workingvisa2014** » Wed Aug 13, 2014 9:51 am

Thank you so much for your reply.

Post by **manci** » Wed Aug 13, 2014 9:00 pm

You have two options:

1. re-apply within 28 days of the refusal with a new CoS and SOC code 2473, if that is the code that best matches your job, and ask your sponsor to certify maintenance which is just a tick in a box when they assign the CoS.

2. appeal within the time allowed for an appeal and re-apply later withdrawing the appeal at the time of the re-application.

Note that if you don't appeal you will not be allowed to continue working after the period allowed for the appeal is over.

If and when you re-apply use the premium or priority postal service which costs more but is quicker and will allow you to go back to work sooner. If your re-application is unsuccessful you will not get another chance to appea , so double check it or get someone experienced to do it for you. Also get a printout of the new CoS and check if all details in it are correct, especially the salary.

read this post for more detail on the two options:
http://www.immigrationboards.com/uk-tie ... l#p1071264

workingvisa2014 · Post by **workingvisa2014** » Thu Aug 14, 2014 5:18 pm

Thank you so much for your reply manci.

I already submitted appeal to get more time and employer agreed to tick maintenance box.
Immigration lawyer told me that he can do application for me and it will cost £1600. Is it correct? The application itself is pretty easy as I have no documents to provide now: CoS electronic, maintenance ticked, English automatically qualified.

He said that they will write cover letter to explain previous situation with rejection due to mistake in CoS and maintenance. Is cover letter necessary for same day application or will they ask me question anyway on the interview and I explain that it was a mistake?

Thank you.

Post by **manci** » Thu Aug 14, 2014 7:08 pm

the HO fee for a T2G grant of leave application is £601 + £400 for the premium service (if used). Ask the lawyer if the £1,201 HO fee is included in the £1,600 s/he quoted.

When you go to the PEO it is not going to be an interview, they just check the documents and most of the time make a decision on the day.

The covering letter is not essential but can't do any harm.

workingvisa2014 · Post by **workingvisa2014** » Fri Aug 15, 2014 9:33 am

Hi Manci,

Thank you for reply.

No, lawyer said that I need to book application online myself and pay for it. I think he gave me this quote for initial Tier 2 general application, probably when you just come first time you need to pay that much to get all done. But in my situation everything is already done. I had 2 mistakes in application and now we know how to fix them. I will try to negotiate price.

I think he wanted to put in cover letter explanation of the mistake that was done by my employer with job code and also my maintenance mistake, because he asked me to print email that my HR wrote to Home Office asking on how to change job code as they made mistake and put incorrect one.

I don't understand why do they call it new application...does this mean that they will disregard my previous one completely and treat new application as first time? If yes then why does he want me to put any explanation at all??? Or is it just to explain the situation why I submitted appeal and then withdraw it and made new application. So confused

Just don't want HO to focus too much on that refusal if its a new application.

Do you think that I can write such cover letter myself if it will help my case or it should be written by my lawyer for more credibility?

In your experience if I have everything ok in my documents this time what is the chance of me getting visa despite of my previous refusal? I originally applied for 3 years, now lawyer suggest I apply for 5 years so I can eliminate market labour test in 3 years time when extending my visa. Will it be suspicious to have competently new CoS and 5 years instead of 3 years?

Thank you so much for your feedback.

Post by **Frontier Mole** » Fri Aug 15, 2014 10:33 am

Sack your lawyer now!
If he is saying go for 5 years to avoide RLMT in three years he does not anything about PBS. There is no RLMT when you extend at three years & your employer has to pay the experienced rate of pay from day one. I would seriously doubt the credentials of this so called lawyer!
Don't give him a single penny and get a new lawyer.

Post by **manci** » Fri Aug 15, 2014 7:54 pm

workingvisa2014 wrote:Hi Manci,

Thank you for reply.

No, lawyer said that I need to book application online myself and pay for it. I think he gave me this quote for initial Tier 2 general application, probably when you just come first time you need to pay that much to get all done. But in my situation everything is already done. I had 2 mistakes in application and now we know how to fix them. I will try to negotiate price.
£1,600 is an exorbitant fee.

I think he wanted to put in cover letter explanation of the mistake that was done by my employer with job code and also my maintenance mistake, because he asked me to print email that my HR wrote to Home Office asking on how to change job code as they made mistake and put incorrect one.

I don't understand why do they call it new application...does this mean that they will disregard my previous one completely and treat new application as first time? If yes then why does he want me to put any explanation at all??? Or is it just to explain the situation why I submitted appeal and then withdraw it and made new application. So confused Just don't want HO to focus too much on that refusal if its a new application.
it will be a new application the form is here:
https://www.gov.uk/government/uploads/s ... _04-14.pdf
at E9 you have to declare your previous refusal and provide the explanation at E10.
I suggest that you get a printout of the new CoS, fill the application yourself, and take both to an immigration solicitor or an OISC adviser for checking. The fee for this should be well under £500.
If your present visa already expired it is important that you submit the application withn 28 days of the refusal date.

Do you think that I can write such cover letter myself if it will help my case or it should be written by my lawyer for more credibility?
you can but the letter is not necessary

In your experience if I have everything ok in my documents this time what is the chance of me getting visa despite of my previous refusal?
your previous refusal is irrelevant if the new application meets all the requirements

I originally applied for 3 years, now lawyer suggest I apply for 5 years so I can eliminate market labour test in 3 years time when extending my visa. Will it be suspicious to have competently new CoS and 5 years instead of 3 years?
see Frontier Mole's post which is correct

Thank you so much for your feedback.

workingvisa2014 · Post by **workingvisa2014** » Sat Aug 16, 2014 4:19 pm

Thank you Frontier Mole for your feedback!

Sorry just wanted to clarify what does it mean: "your employer has to pay the experienced rate of pay from day one." I could not understand this part.

Thank you so much for clarification.

I am trying to find new lawyer to look at my application now.

workingvisa2014 · Post by **workingvisa2014** » Sat Aug 16, 2014 4:28 pm

Hi Manci,

Thank you so much for your feedback.
Trying to find another lawyer to look at my case. Fingers crossed.

I have a question with regards to my new application: you said that I need to submit it within 28 days of refusal. I already submitted appeal and then will withdraw on the same day I schedule premium same day application. But that lawyer said that I have a lot of time now to submit my new application as I have appeal launched now and it won't be scheduled until early 2015. So he requested my certified copy of passport from HO so I can go for same day application. It should not take too long but I was under impression that I don't have restriction on when to apply new application as I have appeal now submitted. Is it incorrect? I definitely need to submit new application within 28 days of refusal or otherwise there will be no point in doing so?

Also I was wondering if you could recommend any immigration solicitor to look at my application and CoS?

Thank you so much for your reply.

Post by **manci** » Sat Aug 16, 2014 5:38 pm

you didn't say that you appealed but if you did there is no 28 day deadline for the new application. You can re-apply any time before the appeal hearing provided you withdraw the appeal at that time.

It is best if you try to find a local immigration lawyer or OISC advisor, you can then take along the completed application form for checking.

workingvisa2014 · Post by **workingvisa2014** » Mon Aug 18, 2014 5:45 pm

Thank you Manci.

Yes, my first lawyer submitted appeal because he said that I won't be able to continue working if I won't appeal plus I need time to sort CoS for new application. I am able to work now as I submitted appeal, correct?

When I get new CoS, I will need to withdraw my appeal on the same day when I will go to Premium Same day service visa application. Lawyer also requested my certified copy of passport from Home Office so I will be able to schedule same day premium application. I am waiting for it now. Basically he said we need to withdraw appeal at 9 am and I will have appointment at 12, for example, to get decision on the same day. This means that I will be overstayer only few hours. Is this legal procedure?

Also one of the layers I contacted told me that Home Office might not allow me to go for same day application with certified copy of passport. Is it corrects? Lawyer said that it it fine. He had clients doing so.

I am now doubting everything what my lawyer told me:(

Today I was contacting other lawyer to get quote for checking application and CoS, so far they tell me that I need to pay for the whole application process like my previous lawyer said

I wonder if they all operate on such basis...Still have few replies pending. Fingers crossed.

Thank you so much for any feedback.

prasad394 · Post by **prasad394** » Wed Aug 27, 2014 6:56 pm

manci wrote:you didn't say that you appealed but if you did there is no 28 day deadline for the new application. You can re-apply any time before the appeal hearing provided you withdraw the appeal at that time.

It is best if you try to find a local immigration lawyer or OISC advisor, you can then take along the completed application form for checking.

Manci,

If the sponsor agrees for maintenance, do I still need to submit bank statements ? please advise.

Regards,
Prasad

Post by **manci** » Wed Aug 27, 2014 9:04 pm

workingvisa2014 wrote:Thank you Manci.

Yes, my first lawyer submitted appeal because he said that I won't be able to continue working if I won't appeal plus I need time to sort CoS for new application. I am able to work now as I submitted appeal, correct?
yes, provided the appeal was submitted in time.
When I get new CoS, I will need to withdraw my appeal on the same day when I will go to Premium Same day service visa application. Lawyer also requested my certified copy of passport from Home Office so I will be able to schedule same day premium application. I am waiting for it now. Basically he said we need to withdraw appeal at 9 am and I will have appointment at 12, for example, to get decision on the same day. This means that I will be overstayer only few hours. Is this legal procedure?
strictly speaking it doesn't have to be the same day but the sooner the better because if your application is granted there will be no break in your employment. You'll need proof that the appeal has been withdrawn

Also one of the layers I contacted told me that Home Office might not allow me to go for same day application with certified copy of passport. Is it corrects? Lawyer said that it it fine. He had clients doing so.
suggest you call the immigration enquiry bureau and ask 0870 606 7766

I am now doubting everything what my lawyer told me:(

Today I was contacting other lawyer to get quote for checking application and CoS, so far they tell me that I need to pay for the whole application process like my previous lawyer said I wonder if they all operate on such basis...Still have few replies pending. Fingers crossed.

Thank you so much for any feedback.

Post by **manci** » Wed Aug 27, 2014 9:10 pm

[quote="prasad394
Manci,

If the sponsor agrees for maintenance, do I still need to submit bank statements ? please advise.
assuming you are applying for entry clearance sponsor's certification of maintenance is sufficient, no bank statements needed
Regards,
Prasad[/quote]

dan883 · Post by **dan883** » Thu Aug 28, 2014 10:35 pm

If you are applying for 5 years make sure you get the salary for experienced worker. Not like the new entrant.

can you send a letter to withdraw the appeal and apply for the application in the same day? Don't you have to wait them to confirm the withdrawal?? And what is the new employment start date going to be??

Please advise.

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Tier 2 rejected: wrong job code and work permit holder issue

Tier 2 rejected: wrong job code and work permit holder issue

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Re: Tier 2 rejected: wrong job code and work permit holder i

Re: Tier 2 rejected: wrong job code and work permit holder i

Re: Tier 2 rejected: wrong job code and work permit holder i

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Re: Tier 2 rejected: wrong job code and work permit holder i

Re: Tier 2 rejected: wrong job code and work permit holder i

Re: Tier 2 rejected: wrong job code and work permit holder i

Re: Tier 2 rejected: wrong job code and work permit holder i

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