TIER 4 to TIER 2 General Refusal- Confusion

RR555 wrote:Hi All,

I am on a Tier 4 Visa presently which ends on 28th Feb 2015. I did a masters in the UK and have got employment with a company with whom I have worked full-time for last 4 months.The company is sponsoring my Tier 2 General Visa. With respect to the same, I applied for the standard postal application and also sent my bio metrics on 19th January 2015.

It so happens that 1 of my colleague applied for a similar Tier 4 to Tier 2 switching through my employer a week before I applied. After a week, she got her Visa refused and in the letter it was stated that her job does not fit the skill level NQF 6 as per the Appendix.

My confusion: My HR had put me under the same skill level (NQF 4) when she must have put a job role as per NQF 6. So, I am waiting since a week for my refusal letter along with my documents so that I can reapply with a new application. My company HR says she would provide a Job role which fits in the NQF 6.

My question:
1. My Visa gets over on the 28th Feb 2015. Is there any condition that I need to reapply before the 28 days period (By the end of January 2015) ? The 28 days period is the allowed time for re-applying after being served a notice of refusal. You can vary your leave anytime before this happens. In any case, whatever you choose to do, do it fast before your VISA expires.

2. Does the company need to increase my salary for a new role? (My present salary is 24K) Can I ask them increase it?
This depends on your actual job title/responsibilities and the equivalent SOC and of course your employer's willingness to increase it as appropriate.
3. I have 6 years of experience from my home country before i pursued this Masters in UK.After this master, I have got this job as a full time employee and not a graduate job. In that case, am i a New Entrant or a Experienced professional for my Visa?
Experienced professional - I think age may matter here.
4. What is the best way forward so that I can switch my Tier 4 visa to Tier 2 General visa?
Get HR to contact HO to see if this can be rectified, use sponsor note etc... If CoS can't be modified, ask them to cancel it and issue you a new CoS and then vary your leave by submitting another Tier 2 Application with new CoS before 28 Feb. RMLT might be required if you have to re-apply after your leave has expired.

Thanks for your feedback and assistance in advance.

RR555 wrote:Thank you kevb2014 for your response. So, it means that I can apply anytime within 28th February 2015 (Tier 4 expires) after I receive my documents back from them.Is that right? Yes anytime before or on 28 Feb I plan to apply with the premium service. To do so, you'll need to withdraw your first application and request your documents back. It should normally take 10 working days to get them back once requested. Also, if the company needs to change my Job role and provides a new COS, what can they do? cancel the exisiting CoS and issue a new one with the right SOC details. Are they supposed to provide me a new offer letter with increased salary? Yes, the letter will be helpful along with a payslip that shows the new salary Regarding the new entrant, I am 30+, so would I be a new entrant or a experienced? You may request for an increase to at least meet the minimum experienced salary I am asking this specifically because when I see the Salaries for the job roles, I am receiving salary of a new entrant. Can you kindly throw some light.