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tier 2 application refused salary less than code of practice

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

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eager2learn
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Posts: 144
Joined: Wed Apr 22, 2009 3:28 pm

tier 2 application refused salary less than code of practice

Post by eager2learn » Sat Sep 05, 2009 12:18 pm

My wife's application was refused, the job she was working for past 2 years, "network support enginner", even though her salary was above code of practice, it may be because her employer quoted the salary with their weekly working time of 40 hours. The salary may have come lower after case worker compared it to 37.5 hours.

In the mean time her leave to remain expired(they took 5 months to decide postal application) and have been provided with an appeal form. On what ground should we appeal, will her employer get a new CoS with a slightly different job title "network controller" which has a lesser salary requirement, can anyone provide any suggestion what should we do in this case?

I am a work permit holder as well and she can covert to my spouse, but does she have to go back to home country to get that ? should we do that after waiting for the appeal decision?

jay09
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Posts: 79
Joined: Thu Apr 16, 2009 11:37 am
Location: West Midlands
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Post by jay09 » Tue Sep 08, 2009 7:02 pm

Best option will be for her to convert as your dependent; even if it means going back to your home country to do so. The reason for this is because it will cause you less havoc, time and money to do this than to higher a solicitor. Minimum (sum) charge for a full appeal process will at least turn out around £2000 pounds excluding VAT. So work it out and see which is cheaper.

The Station Agent
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Posts: 623
Joined: Wed Jan 21, 2009 10:51 am
Location: UK

Post by The Station Agent » Wed Sep 09, 2009 11:37 am

The number of refusals (both FLR and entry clearance) under the new system seems to have rocketed. With a work permit you were pretty much guaranteed the FLR or EC would be granted. That is no longer the case with a CoS. We are hearing of far more refusals on technical grounds and because Codes of Practice don't fit or aren't being met. I feel this is because the CoS is issued by the employer (not an immigration expert) instead of being applied for and going through a caseworker. Thus the CoS doesn't actually count for very much under Tier 2. This is a problem which is bound to come to light soon. In essence the UKBA are profiting from inflated prices for applications which are bound to fail because the system is too complex. This doesn't help you of course, but if your wife had a work permit under the old system and was applying to transition into Tier 2 under the transitional arrangements then surely she should have expected to be approved? What is the point in issing someone permission to up sticks and move here to work, then when they apply to extend under the same circumstances they are refused? It would seem you should have a good case for an appeal.

ash786
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Re: tier 2 application refused salary less than code of prac

Post by ash786 » Wed Sep 09, 2009 11:14 pm

eager2learn wrote:My wife's application was refused, the job she was working for past 2 years, "network support enginner", even though her salary was above code of practice, it may be because her employer quoted the salary with their weekly working time of 40 hours. The salary may have come lower after case worker compared it to 37.5 hours.

In the mean time her leave to remain expired(they took 5 months to decide postal application) and have been provided with an appeal form. On what ground should we appeal, will her employer get a new CoS with a slightly different job title "network controller" which has a lesser salary requirement, can anyone provide any suggestion what should we do in this case?

I am a work permit holder as well and she can covert to my spouse, but does she have to go back to home country to get that ? should we do that after waiting for the appeal decision?
1. U relly need to check the main reason for refusal in details as HO accept 48 hours per week and any hours above that wud not be accepted as its not even illegal to work over 48 but HO wud give points for 48 hours only.

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