Tier 4 to Tier 2 - Complex Issue discovered

[elpistolero7]

Recently finished a degree at a top London university (tier 4 visa). My marks were okay, nothing great, but had a LOT of great work experience. Got a job at a well known tech firm with a pristine reputation. They have an immigration lawyer who did the application for me (Priority 10 days, switching from Tier 4 to Tier 2 within the UK ---meaning that I am Resident Labor Market Test Exempt).

Date of Application September 25 (evening) - fee and immigration health surcharge paid
Date of Biometrics September 27 (morning, so within 48 hour period)

On 11th working day, contacted lawyer who in turn contacted Home Office. No response. On 12th working day Home office have sent a generic status status update email from stating that my application could not be processed within published timelines, i.e. 10 working days. No further reason has been given

I am extremely confused and very very very nervous/scared. My job was at the correct SOC Code I believe and at 35,000 Pounds, well above the minimum in the criteria (especially as I'm a new job entrant as a recent graduate).

Could my average results at university be a problem? All documents were triple checked as originals by myself and the lawyer...everything was correct. I'm in complete panic mode about this. Can anyone provide any guidance/opinion?

[CR001]

I have split your post from the topic you tagged onto as that topic is for out of country priority application delays.

What is your SOC?

How long was your CoS for, 2, 3 or 5 years?

[Akorotaeva]

Don't panic. I had the same, no clear reason for delay. Possibly they are simply short staffed: unfair and frustrating, but keep emailing them and hassling them.

I think I got my visa about 25 days after applying (also via Priority).

[elpistolero7]

I have split your post from the topic you tagged onto as that topic is for out of country priority application delays.

What is your SOC?

How long was your CoS for, 2, 3 or 5 years?

SOC Code - 2424

CoS - 3 years

Application was made within the UK.

Thank you for any advice.

[elpistolero7]

Don't panic. I had the same, no clear reason for delay. Possibly they are simply short staffed: unfair and frustrating, but keep emailing them and hassling them.

I think I got my visa about 25 days after applying (also via Priority).

I hope so. Just seems crazy to charge double the amount and leave someone in limbo like this

[elpistolero7]

Called them - they said they will escalate it.

The email didn't say it was a complex case or anything.

I've gone through and checked - only thing I can think of is I had a bad credit history as a student . Not sure if this is a reject visa reason though. Idea was that on this decent salary I can start building a good credit rating.

[elpistolero7]

Does anyone have any thoughts/advice/similar experience?

[Akorotaeva]

It is extremely unfair that they take so much money and don't deliver, yes.

They will never accept that they are short staffed so will just tell you they need to do some investigations or something.

Don't worry, if you are sure all is in order, it probably is!

[elpistolero7]

I had applied for an in country Tier 4 to Tier 2 visa around 4 weeks ago (10 day postal priority).

Having not received a response, I contacted the Home Office and today finally received this:

"‘The caseworker is still investigating a complex issue that they have discovered with this case. I do not have a timescale for when a decision can be made.’"

I'm completely freaked out and feeling quite paralysed by this. I got a good job for my age after university paying 35,000 Pounds a year with a very well known tech company who regularly sponsors visas. I was not subject to the labor market test....I am so confused as to how and why this is happening.

Can anyone please advise if they've been through a similar issue? I am single, have no dependants...this is so incredibly worrying.

[CR001]

Topics Merged (click)

[CR001]

I had applied for an in country Tier 4 to Tier 2 visa around 4 weeks ago (10 day postal priority).

Having not received a response, I contacted the Home Office and today finally received this:

"‘The caseworker is still investigating a complex issue that they have discovered with this case. I do not have a timescale for when a decision can be made.’"

I'm completely freaked out and feeling quite paralysed by this. I got a good job for my age after university paying 35,000 Pounds a year with a very well known tech company who regularly sponsors visas. I was not subject to the labor market test....I am so confused as to how and why this is happening.

Can anyone please advise if they've been through a similar issue? I am single, have no dependants...this is so incredibly worrying.

How old are you??

It could well be due to you being offered the Experienced salary rate instead of the New Entrant salary rate which is usual for Tier 4 to Tier 2 switches.

2424 Business and financial project management professionals

Example job tasks
• finds out what the client or company wants to achieve;
• agrees timescales, costs and resources needed;
• draws up a detailed plan for how to achieve each stage of the project;
• selects and leads a project team;
• negotiates with contractors and suppliers for materials and services;
• ensures that each stage of the project is progressing on time, on budget and to the right quality standards;
• reports regularly on progress to the client or to senior managers.

Related job titles:
• Chief knowledge officer
• Contracts manager (security services)
• Project manager
• Research support officer

Salary rates:
New entrant: £25,700
Experienced worker: £35,000

[elpistolero7]

I had applied for an in country Tier 4 to Tier 2 visa around 4 weeks ago (10 day postal priority).

Having not received a response, I contacted the Home Office and today finally received this:

"‘The caseworker is still investigating a complex issue that they have discovered with this case. I do not have a timescale for when a decision can be made.’"

I'm completely freaked out and feeling quite paralysed by this. I got a good job for my age after university paying 35,000 Pounds a year with a very well known tech company who regularly sponsors visas. I was not subject to the labor market test....I am so confused as to how and why this is happening.

Can anyone please advise if they've been through a similar issue? I am single, have no dependants...this is so incredibly worrying.

How old are you??

It could well be due to you being offered the Experienced salary rate instead of the New Entrant salary rate which is usual for Tier 4 to Tier 2 switches.

2424 Business and financial project management professionals

Example job tasks
• finds out what the client or company wants to achieve;
• agrees timescales, costs and resources needed;
• draws up a detailed plan for how to achieve each stage of the project;
• selects and leads a project team;
• negotiates with contractors and suppliers for materials and services;
• ensures that each stage of the project is progressing on time, on budget and to the right quality standards;
• reports regularly on progress to the client or to senior managers.

Related job titles:
• Chief knowledge officer
• Contracts manager (security services)
• Project manager
• Research support officer

Salary rates:
New entrant: £25,700
Experienced worker: £35,000

22. I just graduated from one of the top 2/3 universities in the country though and had a lot of great work experience. 35k is not uncommon for people graduating from my university.


What scares me is that they have provided no reason at all and I have no idea what this 'complex issue' is, and there's no end in sight. Meanwhile I'm sitting here without being able to start work and no passport .

[CR001]

35k is not uncommon for people graduating from my university.

Maybe not but I am sure not all graduating require sponsorship for a Tier 2 General visa and HO might expect RLMT if you are being offered experienced rate when you have no experience.

What is your job description and job title on SOC 2424??

What scares me is that they have provided no reason at all and I have no idea what this 'complex issue' is, and there's no end in sight. Meanwhile I'm sitting here without being able to start work and no passport .

They don't have to give a reason at this stage.

[elpistolero7]

35k is not uncommon for people graduating from my university.

Maybe not but I am sure not all graduating require sponsorship for a Tier 2 General visa and HO might expect RLMT if you are being offered experienced rate when you have no experience.

What is your job description and job title on SOC 2424??

What scares me is that they have provided no reason at all and I have no idea what this 'complex issue' is, and there's no end in sight. Meanwhile I'm sitting here without being able to start work and no passport .

They don't have to give a reason at this stage.

This I am sure about - switching from Tier 4 to Tier 2 makes you exempt from the RLMT, its in the UKBA handbook. Do you know of cases where they deviate from their rules? If so this could be a possibility. I worked part-time in highly relevant roles for the last 2 years and had 2 4-month long internships (full-time), so while not postgrad experience, it was directly relevant in fairness.

You seem to know your stuff, in your experience are these delays common/random, or does this normally mean something is very wrong?

[elpistolero7]

What is further of concern is the wording in the email to me seems to be different to the 'exceptionally complex issues' one a few people on this forum have gotten. Any advice/experiences on this would be very appreciated.

[elpistolero7]

Anyone have any similar experiences?