Tier 2 General visa refused incorrect gross salary

[alex1983]

Hi there, I'm in tier 2 general visa since June 2013 . my visa extension was due 10 of June. I've applied for that extension on 14th May prior of my leave expire. unfortunately i got a letter from UKBA about my extension was refused due to my salary is not at the expected rate.
Following explanation they gave me.

your certificate of sponsorship states that your prospective employment most closely corresponds to occupation code 2136 on the code of practice from 6th of April 2013 a new policy on rates of pay for ''new entrants and "experienced works" with the code of practice was introduced

The minimum acceptable rate of pay for a 39 hour working week for your prospective employment is £31,100 per annum, as stated on occupation code 2136 under the experienced worker appropriate salary rate.

your certificate of sponsorship states that your salary would be £27,710 per annum for a 37.5 hour week which equates to £28,818.40 per annum for a 39 hour week

But this was caused by when generating the COS, our HR staff entered the gross salary as £27,710,. that excluded the bonus of £5000
if she added that bonus then my salary should be £27,710 + £5000 = £32,710. that should be more than expected rate.

UKBA stated I can apply for an administrative review with in 14 days. but in order to apply for that I'm planing to get a letter from our HR about the mistake and send my payslip with the bonus figure.

is that enough to apply for a administrative review? because this was a human error. are they going to consider this as a valid appeal?
or do i need to make a fresh application with new COS?

Can anyone please give me quick answer, I'm running out of time.

Refusal letter date 22nd June 2015
Received 26th June 2015.

Thanks.
Alex

[manci]

in order for the bonus to be considered it would have to be part of your guaranteed salary package. Is it?

Read paras 85 and 86 of T2 policy guidance:
https://www.gov.uk/government/uploads/s ... 4_2015.pdf

[alex1983]

Thanks manci for your replay..Yes it was included, but HR entered wrongly..! is that possible for me to go for an administrative review with a covering letter from HR stating the error and provide my P60 with the annual income of £32710.00?
will UKBA will consider this as a human error?

[manci]

Administrative Reviews are for correcting mistakes made by UKVI. In this case they followed the rules and didn't make any mistake.

HR could try to contact UKVI and declare that they made a mistake in the CoS and ask if this could be retrospectively corrected, but this is unlikely to work in the present climate (it sometimes did in the past). Ask them to contact the employer helpline in the first instance (0300 123 4699).

The safest course of action would be for you to re-apply with a new CoS within 28 days of the refusal. Hopefully your sponsor will have a CoS allocation available, if not they would have to request one.

As you are now an overstayer you are not allowed to work until you get a new leave.

[alex1983]

Many thanks again for your replay. But I have 14 days of administrative review period can i work during that period ? i should talk to HR about this issue tomorrow.
But one more question if i make an administrative review now , once the outcome is not success. can i make a fresh application?
please replay me I would like take this information's to HR.

[alex1983]

Hi manci In order to apply for a new COS, which starting date do we have to give?
when my extension was due at 10th of June We gave that date as starting date. but now my visa got refused. so when we generate a new COS that starting date will be COS generated date or 10th of June?
Looking forward to hearing your reply.

[manci]

Many thanks again for your replay. But I have 14 days of administrative review period can i work during that period ? i should talk to HR about this issue tomorrow.
But one more question if i make an administrative review now , once the outcome is not success. can i make a fresh application?
please replay me I would like take this information's to HR.

see p 71-72 about your status if an administrative review is requested:
https://www.gov.uk/government/uploads/s ... _0_ext.pdf
The problem is that UKVI have 28 days to make an AR decision from the date they get the AR request and you have 28 days to re-apply from the date of the original refusal, so if the decision is negative you may be out of time for a re-application.

[manci]

Hi manci In order to apply for a new COS, which starting date do we have to give?
when my extension was due at 10th of June We gave that date as starting date. but now my visa got refused. so when we generate a new COS that starting date will be COS generated date or 10th of June?
Looking forward to hearing your reply.

the work start date in a CoS cannot be in the past (HR should know that)

[alex1983]

Thanks again manci. If i make a new application with priority service, but my passport is still with UKVI. am i going to request them to send my passport back? or I can make a fresh application without the passport?

[manci]

Thanks again manci. If i make a new application with priority service, but my passport is still with UKVI. am i going to request them to send my passport back? or I can make a fresh application without the passport?

If you re-apply just say that the passport is with UKVI, no need to have it back.

For the priority postal service see:
https://www.gov.uk/tier-2-priority-applications

If you are thinking of using the same-day premium service the problem is that it can only be used for straightforward applications and I am not sure if under the circumstances your re-application will be considered straightforward or not. Try to find out by ringing UKVI immigration enquiries (0300 123 2241) although what they say is not always reliable. You could also ask HR to ring the employer helpline (0300 123 4699) but as they don't really deal with migrants' problems HR should put the question from the employer's angle, i.e. that they need you urgently to re-commence work, etc. etc.

[alex1983]

Hi Manci, I've talked with HR they said my bonus is not guaranteed. that why they didnt add up with my salary while generating the COS. but they are ok to increase my salary to 30K for 37.5 hours work per week.(the requirements is £31100 for 39 hours per week).

In order to apply a fresh application, do they have to do any RLMT? because that job still under the SOC.

is that enough if i attached a letter from HR about new pay increase?

this new application will considered as a extension?

once I made the new application with in 14days do i continue to work with same employer?(planing to apply for 10 days priority service)

Thanks.

[manci]

Hi Manci, I've talked with HR they said my bonus is not guaranteed. that why they didnt add up with my salary while generating the COS. but they are ok to increase my salary to 30K for 37.5 hours work per week.(the requirements is £31100 for 39 hours per week).

In order to apply a fresh application, do they have to do any RLMT? because that job still under the SOC.

is that enough if i attached a letter from HR about new pay increase?

this new application will considered as a extension?

once I made the new application with in 14days do i continue to work with same employer?(planing to apply for 10 days priority service)

Thanks.

I believe that an RLMT will not be needed if you re-apply with a new CoS within 28 days of the refusal but you are not allowed to work until you get the new leave. Give a copy of the refusal letter to HR and ask them to confirm this with the UKVI employer helpline 0300 123 4699 before they assign the new CoS

[alex1983]

Thanks Manci, if i order to assign a COS which start date HR can put? for an example if i make an 10 days priority service application on 1st of July, I would get the decision 14th of July(10 workings days). then i can start work after 14th therefore COS start date should be 14th of July? or the time of the application 1st of July?

[alex1983]

After all delays I got my VISA today. Thanks for the help manci.

[mano12]

Hi

I got refusal due to incorrect salary and RMLT, because they didn't consider my application as a new entrant because last leave to remain is tier 4 dependent, basically I switched from student to tier 4 dependent, I was working with company more than year now our company gave sponsorship for apply for tier 2 which I applied last month priority service but rejected due to two condition
1) RMLT(2136 soc
Actually 2136 is shortage occupation code but they asked RMLT?
But my COS letter forgot to mention shortage occupation list checkbox.
2)experience salary(about 28,000 for 35 hours actual eligible experience salary is 31,100 for 39 hours)

But my salary 35 hours 25000, if our company increased my salary about 28,000 for 35 hours means I am eligible to apply again? My visa expirary 30th January still am in old tier 4 dependent visa.

OR change code

Please recommend me which is the best option for re apply again.

[shukhen001]

After all delays I got my VISA today. Thanks for the help manci.

Dear alex1983, what start date have you put. does that have any effect on 3 year and then 2 years extension so that it totals to 5 years. I am in same situation right now, can I contact you please or please share what you did for the tier-2 extension visa.

[GMO]

After all delays I got my VISA today. Thanks for the help manci.

I understand how stressful the situation ! I am expecting the same as my salary put incorrectly on the application. So in case i get a refusal letter then can you please tell me do i have to submit the refusal letter along with new application and on the time of assigning new COS..please help me..and after the refusal how log it took to get your passport back?

[GMO]

After all delays I got my VISA today. Thanks for the help manci.

Dear alex1983, what start date have you put. does that have any effect on 3 year and then 2 years extension so that it totals to 5 years. I am in same situation right now, can I contact you please or please share what you did for the tier-2 extension visa.

Hey..i am in the same situation shukhen001! Please help me to know about what start date you put when re-applying the Visa? And did you submit the refusal letter? Please help