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Health & Care Skilled Worker visa application refused - Admin review or new application?

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

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Evelu
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Health & Care Skilled Worker visa application refused - Admin review or new application?

Post by Evelu » Tue Dec 06, 2022 10:35 pm

Asking on behalf of a family member who has just received a rejection for the following reasons

You applied for entry clearance as a Skilled Worker under Appendix Skilled Worker of
the Immigration Rules. Your application has been refused, because you do not meet:
SW 4.2 and SW 11.5 with reference to SW 14.1 to 14.6.
You must be awarded 70 points to be granted permission as a Skilled Worker. This
includes 50 mandatory points and 20 tradeable points.
I have considered the mandatory points requirements and awarded you:
 20 points for sponsorship
 20 points for a job at the appropriate skill level
 10 points for the English language requirements
I have considered the options for awarding tradeable points and I have awarded you
0 tradeable points from option D, therefore I have awarded you 50 points in total.
Details of why I have not awarded you 70 points are set out below.
I have awarded you 0 tradeable points for the following reasons:
You are applying as a Care Worker (SOC code - 6145 Care workers and home carers).
Your salary, as stated by your sponsor on your certificate of sponsorship, is £23,000
per year for a 48-hour week. This equates to £9.21 per hour.
I have considered all tradeable points options and I am satisfied that you may only
claim tradeable points under option D. In order to meet the salary requirements to be
awarded tradeable points under option D, the pay offered by your sponsor must be at
least £10.10 per hour.
Your hourly salary equates to £9.21. As your salary is less than £10.10 per hour, you
do not meet the salary requirements to be awarded tradeable points under option D.
I therefore refuse your application under paragraphs SW 4.2 and SW 11.5 with
reference to SW 14.1 to 14.6.


From what i understand from my own research, under option D, you may be awarded 20 tradeable points if your salary is at least £20,480 per year OR £10.10 per hour. It seems the caseworker has disregarded the first figure and just made a decision based on the second figure. Wondering if we can put in an Admin review based on this or whether it's better to put in a fresh application as the employer is willing to increase their salary.

Would much appreciate a view on this as we're quite stuck on deciding what the best next steps are :(

AmazonianX
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Re: Health & Care Skilled Worker visa application refused - Admin review or new application?

Post by AmazonianX » Tue Dec 06, 2022 11:09 pm

With employer willing to increase pay and hopefully footing application fees, reapplying may be faster outcome than AR

lolo2
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Re: Health & Care Skilled Worker visa application refused - Admin review or new application?

Post by lolo2 » Wed Dec 07, 2022 11:46 am

Evelu wrote:
Tue Dec 06, 2022 10:35 pm
From what i understand from my own research, under option D, you may be awarded 20 tradeable points if your salary is at least £20,480 per year OR £10.10 per hour. It seems the caseworker has disregarded the first figure and just made a decision based on the second figure.
I believe the week-hours also need to be considered for this calculation, it seems that the figures you cite are not exclusive. The salary in the certificate of sponsorship is higher than the annual threshold but when you convert this into week-hours is less than £10.10 as explained.

The employer has two options: increase the salary or decrease the working hours per week.

Evelu
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Re: Health & Care Skilled Worker visa application refused - Admin review or new application?

Post by Evelu » Thu Dec 08, 2022 10:45 pm

Thanks for the replies :)

One more thing, for the new application, do we need a new certificate of sponsorship from the employer(could take some time to obtain) or can we simply resubmit the old COS but with an updated employment contract showing the new salary? Not sure what the home office requirements are in relation to this..

Rhanks

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CR001
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Re: Health & Care Skilled Worker visa application refused - Admin review or new application?

Post by CR001 » Fri Dec 09, 2022 7:49 am

You need a new CoS.

You cannot use the old one as it has already been used and the visa refused.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Evelu
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Re: Health & Care Skilled Worker visa application refused - Admin review or new application?

Post by Evelu » Fri Dec 09, 2022 10:14 am

CR001 wrote:
Fri Dec 09, 2022 7:49 am
You need a new CoS.

You cannot use the old one as it has already been used and the visa refused.

Thanks!

Is it possible for an employer to issue a new COS based on the existing COS without necessarily having to apply for a fresh allocation?

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CR001
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Re: Health & Care Skilled Worker visa application refused - Admin review or new application?

Post by CR001 » Fri Dec 09, 2022 11:26 am

You need a whole new CoS as it is a whole new application. Your employer will have to follow the process
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Evelu
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Re: Health & Care Skilled Worker visa application refused - Admin review or new application?

Post by Evelu » Fri Jan 20, 2023 5:23 am

Employer has issued a new COS and decreased the working hours to 36.

This works out to be way over the threshold required so it's around 12.28 per hour at 36hours.

Can I please just check this is OK, as long as the 10.10 or 20,480 required is met?

Would appreciate a quick response as need to put in a new visa application ASAP (today :) )

Thanks in advance!

lolo2
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Re: Health & Care Skilled Worker visa application refused - Admin review or new application?

Post by lolo2 » Fri Jan 20, 2023 12:58 pm

This new CoS should be ok to proceed.

Evelu
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Re: Health & Care Skilled Worker visa application refused - Admin review or new application?

Post by Evelu » Fri Jan 20, 2023 6:34 pm

Thank you!

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