Tier 2 application - second time for the same job!!

Hi All,

I currently have a 5 year UK work permit (old scheme) with a Leave to remain valid until Nov 2012.

I am changing jobs and my new employer had raised a certificate of sponsorship and applied for Tier 2. It got rejected on the basis that the pay rate offered is slightly lower than the UKBA guidelines for that job code.

So, the employer has offered me the job again with a higher pay and got a "new" certificate of sponsorship number. They have sent a new Tier 2 application again....

Has anyone done something like this before and have successfully got the Tier 2 during a second attempt??

Thanks for your views on this..

ap007 wrote:Hi All,

I currently have a 5 year UK work permit (old scheme) with a Leave to remain valid until Nov 2012.

I am changing jobs and my new employer had raised a certificate of sponsorship and applied for Tier 2. It got rejected on the basis that the pay rate offered is slightly lower than the UKBA guidelines for that job code.

So, the employer has offered me the job again with a higher pay and got a "new" certificate of sponsorship number. They have sent a new Tier 2 application again....

Has anyone done something like this before and have successfully got the Tier 2 during a second attempt??

Thanks for your views on this..

You should be fine as you are fulfilling the HO rules/guidelines..

I had same situation before and last week I have my tier 2 visa received. My case was that the employer couldn't simply increase my salary because they already advertised certain amount of salary for my job title when resident labour market test was carried. HO advise the company re-do resident labour market test again and they did it again.
Obviously I had to wait 2 weeks plus couple of days to get a new COS. I applied with the new one and finally get tier2.

My point was that HO was quite strict on compliances because my company had to labour market test twice. And HO did not mention the existence of the minimum salary thing (code of practice) at first time. (Actually my company thought that those were just guidelines and didn't think it could be reason of rejection)

Hi,

Thanks for your message.

Congrats on getting the Tier 2!

I think when resident labour market test was done in my case, my company had advertised a wide range for the salary, so I hope they dont have to do the labour market test again!!

In the rejection letter did they mention that you have to do the resident labour market test again? I my rejection letter they havent mentioned anything about this... they just said the salary has to be at an appropriate rate and i can re-apply if i want with new information..

Anyways...Will wait and see what happens..

Cheers

Hi sorry for my late reply.
In order to answer the question, in the rejection letter, there is no saying that resident labour market test repeated.

Initial labour market test was carried out for a senior landscape architect with salary of 34K. But the rejection letter said that a senior must be paid minimum 36K; therefore, HO rejected my application.

I and my employer want to try again by increasing my salary up to 36K. Just in case, my employer rang HO to explain or make sure this time there is nothing to comply other than code of practice. And HO said that we cannot simply increase the salary and re-apply because the labour market test was carried out 'senior' with '34K' salary. Because the company advertised specific job description and salary, we were told we had to stick what has been advertised. I think it should have been salary 30-37K something for safer reason. Anyway company director were furious about HO's response and questioned them. A couple of days later, HO said they reviewed with policy department and advise us that we cannot increase salary and if the company employ me then labour market test need to be carried out again. So we had to do all again. This is the story.

I hope this helps. Let me know if you require more information.

Regards,

Hi All,

Thanks for all your help, I got my passport back today and finally my Tier 2 is approved in the second attempt!!! Yaay!!

Cheers

Hi ap007, i am in the same situation as yours. visa got rejected due to low salary and i have re applied with new CoS. its been 3 and half weeks now. no news yet from UKBA. How long did it take for you to get the visa 2nd time? your info would be very valuable.
thx

It took exactly 4 weeks to get my passport back. We sent the application on 20th Oct and I got it back on 17th November.

Hope this helps..

Good luck with your application

Cheers