My Tier2 application refused due to mistake on SOC

Dear Ash,

My Tier2 application has been refused due to mistake of correct salary in the sponsor certificate.
Now i do not have permit to stay in UK so i can not make a new application, but I have 2 weeks to appeal.
My employer has aggreed to re issue a Certificate with correct salary.
Please advise what should i do.
If i appeal what ground can i use to appeal.

Kind regards,
Abdur.

ABDUR wrote:Dear Ash,

My Tier2 application has been refused due to mistake of correct salary in the sponsor certificate.
Now i do not have permit to stay in UK so i can not make a new application, but I have 2 weeks to appeal.
My employer has aggreed to re issue a Certificate with correct salary.
Please advise what should i do.
If i appeal what ground can i use to appeal.

Kind regards,
Abdur.

Dear Abdur,

When did you apply for your Tier 2 visa and when did you receive your application back? i.e how many weeks?

Which job/occupation did you apply your Tier 2 for?

Even if your visa has expired, you can still stay legally if you file your appeal, the grounds for your appeal is on the basis of your job.

If you could furnish more details on your job title and the relevant SOC code then members would be able to give you some suggestions.

Thanks for your reply.
I applied in October and have got my documents back yesterday after 8 weeks.
The job title is Electrical Engineer.
On my SOC showed 23k salary but the HO sayed the salarey should be £16.27 per hour for atleast 30 hrs a week.
my employer is agreed to issue a new SOC with all the correct details.
now i am looking for advice that should i make a new application in the UK even my visa expired on October not sure if i am allowed to do. Or do I need to go back home and apply for new antry clearance.

Please help.

ABDUR wrote:Thanks for your reply.
I applied in October and have got my documents back yesterday after 8 weeks.
The job title is Electrical Engineer.
On my SOC showed 23k salary but the HO sayed the salarey should be £16.27 per hour for atleast 30 hrs a week.
my employer is agreed to issue a new SOC with all the correct details.
now i am looking for advice that should i make a new application in the UK even my visa expired on October not sure if i am allowed to do. Or do I need to go back home and apply for new antry clearance.

Please help.

Thanks Abdur,

tvn_ramesh, please if you could give some suggestions on the above situation to Abdur.

In the meanwhile, let me see if I can lookup for some relevant documentation which points you in the right way, I will do my best to help you.

P.S - You said your application was returned back in 8weeks, can you tell me which date did you file your application on? Just to get an idea on the timeline.

djzack wrote:

ABDUR wrote:Thanks for your reply.
I applied in October and have got my documents back yesterday after 8 weeks.
The job title is Electrical Engineer.
On my SOC showed 23k salary but the HO sayed the salarey should be £16.27 per hour for atleast 30 hrs a week.
my employer is agreed to issue a new SOC with all the correct details.
now i am looking for advice that should i make a new application in the UK even my visa expired on October not sure if i am allowed to do. Or do I need to go back home and apply for new antry clearance.

Please help.

Thanks Abdur,

tvn_ramesh, please if you could give some suggestions on the above situation to Abdur.

In the meanwhile, let me see if I can lookup for some relevant documentation which points you in the right way, I will do my best to help you.

P.S - You said your application was returned back in 8weeks, can you tell me which date did you file your application on? Just to get an idea on the timeline.

Djzack..

i did notice this post but i am not completely sure of the appeal process so did not want to misguide.. but i am putting my thoughts in here:

1. Since the OP mentioned in this 1st message that he do not have permit to work in UK now.. that means his visa is expired so he will not be able to make a fresh application which is one of his questions..

2. I think since the mistake is from the employer putting in the right salary.. i think if he approaches a right solicitor he can advice on right wording cover letter from his employer and corrected COS and build a solid case..

3. i was not sure will HO allows new documents (new COS??) i have a ??? so, pls wait for others advice..

4. Actual wording of the refusal letter if provided will help others to help or advice in a better way...

Goodluck mate.. please act quickly..

tvn_ramesh wrote:

djzack wrote:

ABDUR wrote:Thanks for your reply.
I applied in October and have got my documents back yesterday after 8 weeks.
The job title is Electrical Engineer.
On my SOC showed 23k salary but the HO sayed the salarey should be £16.27 per hour for atleast 30 hrs a week.
my employer is agreed to issue a new SOC with all the correct details.
now i am looking for advice that should i make a new application in the UK even my visa expired on October not sure if i am allowed to do. Or do I need to go back home and apply for new antry clearance.

Please help.

Thanks Abdur,

tvn_ramesh, please if you could give some suggestions on the above situation to Abdur.

In the meanwhile, let me see if I can lookup for some relevant documentation which points you in the right way, I will do my best to help you.

P.S - You said your application was returned back in 8weeks, can you tell me which date did you file your application on? Just to get an idea on the timeline.

Djzack..

i did notice this post but i am not completely sure of the appeal process so did not want to misguide.. but i am putting my thoughts in here:

1. Since the OP mentioned in this 1st message that he do not have permit to work in UK now.. that means his visa is expired so he will not be able to make a fresh application which is one of his questions..

2. I think since the mistake is from the employer putting in the right salary.. i think if he approaches a right solicitor he can advice on right wording cover letter from his employer and corrected COS and build a solid case..

3. i was not sure will HO allows new documents (new COS??) i have a ??? so, pls wait for others advice..

4. Actual wording of the refusal letter if provided will help others to help or advice in a better way...

Goodluck mate.. please act quickly..

Thanks tvn_ramesh, Abdur : Please see tvn_ramesh's recommendations, also if you could post the actual wording of your refusal letter.

Dear all,
After lots of thinking. i found a ground of appeal, please advise if it sounds correct.
The latter from home office said i am not getting minimum hourly rate which is according to code 2123 based on the title of Electrical Engineer which given in SOC by my employer 16.27 per hour.
But the job description given in sponsor certificate is designing motor control Panels.
my argument on appel would be HO didnt chose the correct code according to the description of the job the code can be 3113 -(Electrical technicians) Contracts engineer, Engineering technician, Engineer’s assistant
or
3122
Draughtspersons
Cartographer, Designer-detailer, Designer-draughtsman, Draughtsman/woman, Draughtsman-engineer, Engineering draughtsman.

in both codes matches with the minimum hourly rate with my hourly pay rate.
please advise those make sense.

oh sorryi didnt mention what the refusal latter says it says,
I am not getting minimum hourly rate which is according to code 2123 based on the title of Electrical Engineer which given in SOC by my employer 16.27 per hour for that reason thay cannot award any points for sponsorship certificate.
They sent me appeal form and also said i can appeal but can bot make a fresh application because my current leave already expired.

hi djzack,
I applied on 27th of october and got the passport back on 4th of January.

Hi Abdur,

Thanks for giving me the timeline, have you considered contacting professional advice on this matter i.e for the appeal ? Do you know any professional solicitors who can help in this matter?

hi djzack,

I HAVE SEEN A SOLICITOR AND I THINK MY IDEA WONT WORK. THE CODE WAS CHOSEN BY MY EMPLOYER. SO THE OPTION I CAN SEE IS ISSUE A NEW CERTIFICATE ,GO HOME AND APPLY FROM HOME. PLEASE ADVISE IF YOU HAVE ANY OTHER IDEA.

THANKS

ABDUR.

ABDUR wrote:hi djzack,

I HAVE SEEN A SOLICITOR AND I THINK MY IDEA WONT WORK. THE CODE WAS CHOSEN BY MY EMPLOYER. SO THE OPTION I CAN SEE IS ISSUE A NEW CERTIFICATE ,GO HOME AND APPLY FROM HOME. PLEASE ADVISE IF YOU HAVE ANY OTHER IDEA.

THANKS

ABDUR.

Yes, the solicitor you've consulted is right, the reason for refusal is correct, it's a fault from your employers side, they haven't complied to the codes of practice as laid down by the Home Office, did your solicitor say that you were eligible to make a new application from your home country and if yes, then would you need to do the Resident Labour Market Test again?

You should clarify these points before taking the decision of re-applying, as the resident labour market test rules have been updated recently on the 14th December.

To be honest, I don't blame you or your employer for your situation, the rules and guidance policies are being changed/updated at a very fast pace, and it's not feasible for the employer or the applicant to keep up with them.

I fully empathise with you and hope that your issue gets resolved quickly.

P.S - Just to ask which solicitor/immigration lawyer did you consult?