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Appeal denied - HELP PLEASE

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

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PrithpalSurrey1
Newly Registered
Posts: 3
Joined: Fri Mar 20, 2015 1:03 pm

Appeal denied - HELP PLEASE

Post by PrithpalSurrey1 » Fri Mar 20, 2015 1:16 pm

Hello everyone,
I made an initial application for Tier 2 general visa and it was refused on the grounds that my company had put the wrong job code. They put in 3583 instead of 2472. Even though my title is marketing executive, a lot of my work is about Public relations. My salary, sponsorship license, language, funds everything was correct.

I made an appeal and it was refused because they said my HR should have been careful when issuing me a COS.

What should I do now?
1. Am I legal in this country?
2. To make a fresh application, I will need to show £900 in my bank account for 90 days but I don't have that money in my account. Is there a way out?
3. If my HR wants to issue me a new COS, how long will it take?
4. I am thinking of making a same day application to save time.
5. My passport is still with the home office. Will that be an issue?

PLEASE HELP!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Appeal denied - HELP PLEASE

Post by manci » Fri Mar 20, 2015 4:27 pm

what is your immigration history and what was the date of the refusal?

PrithpalSurrey1
Newly Registered
Posts: 3
Joined: Fri Mar 20, 2015 1:03 pm

Re: Appeal denied - HELP PLEASE

Post by PrithpalSurrey1 » Fri Mar 20, 2015 5:29 pm

1) I came to the UK in September 2010 on a student visa.
2) Got my PSW in March 2012.
3) my PSW was due to expire on 28th Feb 2014
4) I applied for my Tier 2 general visa on 27th Feb 2014 ( 1 day before expiry).
5) Received refusal letter on 27th March 2014.
6) Made an appeal. Appeal was on 12th Nov 2014.
7) Received Appeal dismissed decision on 18th March 2015.

I have never overstayed in this country and have a clean record.

PrithpalSurrey1
Newly Registered
Posts: 3
Joined: Fri Mar 20, 2015 1:03 pm

SUCCESS STORY: Wrong SOC Code - Appeal denied and then Visa

Post by PrithpalSurrey1 » Thu Apr 23, 2015 11:36 pm

Just to give everyone an update and for anyone who might be in the same situation as me - I GOT MY VISA TODAY!

This is what I did and what I will recommend:
1. My HR issued me the wrong code in Feb 2013 and that's why my application was refused. However, I made an appeal immediately (well my lawyer made an appeal on my behalf) and we got an appeal date of November 2013.
2. Most lawyers will speak to you really nicely and say ''yes, the chances of you winning the appeal are really high as it wasn't your mistake''. DO NOT LISTEN TO THEM. HOME OFFICE MADE THE RIGHT DECISION BASED ON THE EVIDENCE THAT YOU PROVIDED THEM. It is the responsibility of the employer to get it right the first time.
3. We went ahead with the appeal and obviously lost and therefore had to re appeal (to buy more time).
4. In the meantime, I asked our HR to issue me a new SOC code and this time I chose the SOC Code with the HR.
5. If your company doesn't have enough COS allocations for you, tell them to write to the Home office immediately and request them on an urgent basis. Home office were very helpful in my case and allocated us a COS in 2 days.
6. Got the COS from my company and asked them to certify maintenance on the COS to speed up the process.
7. Filled in my Tier 2 general form and got it checked by my lawyer to ensure that I was doing everything else until I got my COS.
8. As soon as I got the COS, I made a same day appointment at the Croydon office. Had to pay £600 IHS health surcharge.
9. Went to the Croydon office today and applied. Got my Visa letter today.
10. Make sure you check all your documents before you apply.

If someone is going through what I went through, please don't panic. Stay calm like MS Dhoni and Misbah ul Haq. Do everything that you can from your end and leave the rest to God because if you get it then great and if you don't you will not have any regrets in life.

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