Tier 2 (G) visa refused. Guidance needed

goku123 · Post by **goku123** » Tue Jan 15, 2019 12:52 am

Hello everyone,
I know this topic might have been discussed few times before. Kind apologies for asking this query, any help will be sincerely appreciated.

I am a tier 4 student and I sent in my application on 20th Dec to change to tier 2 (G) visa along with supporting documents such as passport, BRP, CoS , degree certificate etc.
My current visa expires on 13th Jan, 2019.

I got a decision today saying it's REFUSED. it was refused on the basis of "Salary not applicable for A5 year time frame (as my employers made a mistake in the CoS and Insteas of applying for 3 years they applied for 5 yrs)

I am beyond my mind worried at the moment as what should I be doing now and is there any chance that I can re-apply or is there any way out?

Anyone who has or had this problem before and could guide me on the same please?

Many many Thanks

UKLL · Post by **UKLL** » Tue Jan 15, 2019 10:50 pm

goku123 wrote: ↑
Tue Jan 15, 2019 12:52 am
Hello everyone,
I know this topic might have been discussed few times before. Kind apologies for asking this query, any help will be sincerely appreciated.

I am a tier 4 student and I sent in my application on 20th Dec to change to tier 2 (G) visa along with supporting documents such as passport, BRP, CoS , degree certificate etc.
My current visa expires on 13th Jan, 2019.

I got a decision today saying it's REFUSED. it was refused on the basis of "Salary not applicable for A5 year time frame (as my employers made a mistake in the CoS and Insteas of applying for 3 years they applied for 5 yrs)

I am beyond my mind worried at the moment as what should I be doing now and is there any chance that I can re-apply or is there any way out?

Anyone who has or had this problem before and could guide me on the same please?

Many many Thanks

You just need to ask your employer to assign you a new CoS and you can reapply.

goku123 · Post by **goku123** » Wed Jan 16, 2019 11:13 pm

Hi there,
Thank you for your reply.
Some of my queries with this :
1) since my tier 4 expired on 12th Jan but I submitted my 1st application on 20th Dec, 2018 so that definitely was in time application. And if I resubmit it again now, is it alright?
2) My employer asked for a fast tracked CoS and got it issues to them today. So that's ok
3) since my documents are with home office, how do I proceed with my application?

Many thanks

UKLL · Post by **UKLL** » Wed Jan 16, 2019 11:49 pm

goku123 wrote: ↑
Wed Jan 16, 2019 11:13 pm
Hi there,
Thank you for your reply.
Some of my queries with this :
1) since my tier 4 expired on 12th Jan but I submitted my 1st application on 20th Dec, 2018 so that definitely was in time application. And if I resubmit it again now, is it alright?
I think it's OK! only expired 4 days, apply right now!

2) My employer asked for a fast tracked CoS and got it issues to them today. So that's ok
Yes

3) since my documents are with home office, how do I proceed with my application?
I don't know

Many thanks

raza725 · Post by **raza725** » Thu Jan 17, 2019 12:02 pm

Home office is normally able to retrieve your original documents if you explain everything in the cover letter referring to your first visa application. I know somebody who submitted photocopies in second application b/c originals were held by HO but this case I am referring to was back in Jan-2016 when there was no new system (sopra).

goku123 · Post by **goku123** » Thu Jan 17, 2019 12:37 pm

Thank you so much for your reply

Just wanted to know if that application was processed fine? SOrry but just so stressed out at the moment because my current visa is also expired.

Some people did tell me to just send photocopies the second time.

raza725 · Post by **raza725** » Thu Jan 17, 2019 12:57 pm

Yes it was approved second time. I know it can be really stressful. As long as you submit your second valid application within your grace period so I believe it should be fine.

But, please do refer to the guide and immigration rules on gov website.

GondalUK · Post by **GondalUK** » Thu Jan 17, 2019 10:12 pm

Sorry to hear about your refusal. I would give following advice:

1- If your employer issues new COS, you are safe to send fresh Tier 2 application within 14 days after refusal date
2- If COS is not issued within 14 days, than apply for Admintrative Review to buy time and as soon as you have new COS, send fresh application

Don't worry about documents/passport, write a cover letter and explain passport was retained by UKVI after last refusal. I provided photocopy and a cover letter and my VISA was approved successfully 2nd time.

goku123 · Post by **goku123** » Fri Jan 18, 2019 12:30 pm

Thank you guys it does give me hope.
I'm sending through my 2nd application by Monday (5 days from the date of refusal)

Wanted to ask, do you think it holds any weightage if I go through a lawyer or not? Especially from the point of a cover letter? I just don't want to make any mistakes the second time.
I contacted some law firms and they bet on stuff like they will put seal and sign and what not but at the same time Costs a shit ton of money!

A simply written cover letter explaining the reason for re-application and signed by the employer will do, yes?
Do I need one from applicant's (me) side as well?

CR001 · Post by **CR001** » Fri Jan 18, 2019 12:31 pm

Using a lawyer has no influence at all on your application.

Your employer made the mistake of issuing a 5 year CoS for a new entrant and the refusal was correct.

wan · Post by **wan** » Fri Jan 18, 2019 10:32 pm

goku123 wrote: ↑
Tue Jan 15, 2019 12:52 am

I am a tier 4 student and I sent in my application on 20th Dec to change to tier 2 (G) visa along with supporting documents such as passport, BRP, CoS , degree certificate etc.
My current visa expires on 13th Jan, 2019.

I got a decision today saying it's REFUSED. it was refused on the basis of "Salary not applicable for A5 year time frame (as my employers made a mistake in the CoS and Insteas of applying for 3 years they applied for 5 yrs)

sorry to ask, did you mean 1st degree or you have PhD graduated? what is the salary(general number) you submit to HO? and why you cannot apply for 5yr visa because of you already a student in the UK. is it a company limited or university your employer and there are Rating A by HO.

goku123 · Post by **goku123** » Fri Jan 18, 2019 10:39 pm

Hi,
I completed my Masters degree from UK. According to immigration law, 5 year period is considered as experienced level worker and with salary 31,900. In my case I'm a new entrant as the salary is 25,000 and according to immigration rules it should be 3 years or less employment period to satisfy the salary criteria.
Yes, company is a limited company with A rating sponsorer.

Zeemdam · Post by **Zeemdam** » Sat Jan 19, 2019 7:35 am

Hi all

I have this same issue. Just had my application refused yesterday on that ground. 5 years visa was considered as experienced worker.

In my refused application, my work hrs on the cos was 37.5 hrs per week and salary 30k. The refusal mail said my salary was scaled up to 31,200 for 39 hrs a week, but the appropriate salary for experienced workers in my job role is 32,000. An annoying difference of 800 cost me the application.

My employer is willing to increase my salary to 31000, this will become 32240 on a 39 hr per week scale.

Is there a way i can salvage any or some part of my old application fee?

Also, i paid IHS when it was 200 per year. Now, it is 400 per year. Is there a way i can use my previous IHS reference for the new application?

wan · Post by **wan** » Sat Jan 19, 2019 9:56 am

goku123 wrote: ↑
Fri Jan 18, 2019 10:39 pm
Hi,
I completed my Masters degree from UK. According to immigration law, 5 year period is considered as experienced level worker and with salary 31,900. In my case I'm a new entrant as the salary is 25,000 and according to immigration rules it should be 3 years or less employment period to satisfy the salary criteria.
Yes, company is a limited company with A rating sponsorer.

Really. We are submit our application (5 of us) for 5yr according the offer from univeristy (as a lecturer, phd graduated) and CoS and the salary is £34k +-

This is 3rd visa we submit after 2 time student visa and been in uk for 6yr.

I will the result here once i receive. Hope the will approve.

wan · Post by **wan** » Sat Jan 19, 2019 11:12 am

Happy day!
Just received our visa for 5yr. Good luck to you .

Zeemdam · Post by **Zeemdam** » Sat Jan 19, 2019 4:17 pm

goku123 wrote: ↑
Fri Jan 18, 2019 12:30 pm
Thank you guys it does give me hope.
I'm sending through my 2nd application by Monday (5 days from the date of refusal)

Wanted to ask, do you think it holds any weightage if I go through a lawyer or not? Especially from the point of a cover letter? I just don't want to make any mistakes the second time.
I contacted some law firms and they bet on stuff like they will put seal and sign and what not but at the same time Costs a shit ton of money!

A simply written cover letter explaining the reason for re-application and signed by the employer will do, yes?
Do I need one from applicant's (me) side as well?

Did you have to pay IHS again? or were you able to use your previous IHS reference no.

goku123 · Post by **goku123** » Sun Jan 20, 2019 6:05 pm

wan wrote: ↑
Sat Jan 19, 2019 11:12 am
Happy day!
Just received our visa for 5yr. Good luck to you .

Did you re apply for your second application with original documents or the photocopies? And was it through priority service or just the standard one?

goku123 · Post by **goku123** » Tue Jan 22, 2019 10:26 pm

Zeemdam wrote: ↑
Sat Jan 19, 2019 4:17 pm

goku123 wrote: ↑
Fri Jan 18, 2019 12:30 pm
Thank you guys it does give me hope.
I'm sending through my 2nd application by Monday (5 days from the date of refusal)

Wanted to ask, do you think it holds any weightage if I go through a lawyer or not? Especially from the point of a cover letter? I just don't want to make any mistakes the second time.
I contacted some law firms and they bet on stuff like they will put seal and sign and what not but at the same time Costs a shit ton of money!

A simply written cover letter explaining the reason for re-application and signed by the employer will do, yes?
Do I need one from applicant's (me) side as well?
Did you have to pay IHS again? or were you able to use your previous IHS reference no.

Hi, I submitted my application yesterday but you do need to pay for everything all over again

Zeemdam · Post by **Zeemdam** » Thu Jan 24, 2019 6:22 pm

Thanks. I am waiting on my employer for a new CoS. My employer is trying to get one via the premium service, but the lines are always busy.

My visa expires 30 of this month. In case my employer cannot get the CoS on time, what are my options to prevent being categorised as an overstay?

goku123 · Post by **goku123** » Fri Feb 15, 2019 6:04 pm

Hello everyone,

Just wanted to inform you guys that finally my tier 2 visa application has been successful. My timeline:
1) applied for tier 2 general visa on the 20th Dec 2018 through priority service and sent the documents by 22nd Dec
2) current tier 4 visa expired on 12th Jan, 2019
3) tier 2 visa application got REFUSED due to talk to up of employment date in the CoS issued by my employer. As per the salary stated I was eligible initially to apply for 3 years whereas by mistake my employers put the employment time as 5 years and due to this my application was REFUSED. I had 14 days to put forward an administrative review and then leave the country.
4) on 14th Jan, my employers requested for a fresh CoS from home office on a priority basis by paying 200 GBP.
5) 15th of Jan, new CoS was issued to my employers
6) 16th of Jan, new CoS was created and assigned by amending the mistakes made in the first one.
7) 17th of Jan, I applied for a tier 2 visa for the second time. Including biometrics and documents posting.

24th Jan, got a successful letter from the home office. Finally!
9) recieved my passport back sometime last week and now waiting for the BRP.

Having gone through this endless tiring process, it's not easy (at least mentally stressful) but hang in there! And just follow the rules and apply again, you will definitely make it!
Wish you guys all the luck!

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