Tier2 Application Rejected...HELP

s0787671 · Post by **s0787671** » Wed Aug 12, 2009 8:44 pm

Hi,
I had recently made a Tier 2 application. Which was rejected on basis of salary being less than the minimum wage stated on code of practice.

Iam a Graduate working as a software engineer for a employer for past 7 months and my current salary is 18500 per annum.

1. The sponser certificate was issued with a salary of 21000 , but still then it was rejected.
Reason given: The salary quoted on the sponser certificate is not at or above the minimum rate as published on UKBA guidance.

thats why I failed to gain 30 points for that and 10 points for prospective earnings.

***********************************************************
Points scored:
10(qualification) + 10 (maintainance) +10 (Eng language)

***********************************************************

I believe the only solution is to quote a higher salary of about 22300 for a Graudate developer as per the code of practice and then apply again.

Question?

a) Am I allowed to apply even if my current salary being 18500 and quoting salary inthe certificate to be 22300 (that would be a future salary) ?

b) or Should I be earning 22300 before I apply for the visa again?

**********************************************************
I dont want to lose a another 500 pounds for this again, could some one suggest a solution or provide any information about any professional body who do the paper work for Tier 2 visa.

For post study category it should be a straight forward procedure, but I have been disheartened by this rejection , because I didnt find this code of practice being mentioned any where in the applicationform or guidance.

Cheers,
Bharat

ash786 · Post by **ash786** » Wed Aug 12, 2009 10:36 pm

s0787671 wrote:Hi,
I had recently made a Tier 2 application. Which was rejected on basis of salary being less than the minimum wage stated on code of practice.

Iam a Graduate working as a software engineer for a employer for past 7 months and my current salary is 18500 per annum.

1. The sponser certificate was issued with a salary of 21000 , but still then it was rejected.
Reason given: The salary quoted on the sponser certificate is not at or above the minimum rate as published on UKBA guidance.

thats why I failed to gain 30 points for that and 10 points for prospective earnings.

***********************************************************
Points scored:
10(qualification) + 10 (maintainance) +10 (Eng language)

***********************************************************

I believe the only solution is to quote a higher salary of about 22300 for a Graudate developer as per the code of practice and then apply again.

Question?

a) Am I allowed to apply even if my current salary being 18500 and quoting salary inthe certificate to be 22300 (that would be a future salary) ?

b) or Should I be earning 22300 before I apply for the visa again?

**********************************************************
I dont want to lose a another 500 pounds for this again, could some one suggest a solution or provide any information about any professional body who do the paper work for Tier 2 visa.

For post study category it should be a straight forward procedure, but I have been disheartened by this rejection , because I didnt find this code of practice being mentioned any where in the applicationform or guidance.

Cheers,
Bharat

If u read the threads relating to code of practice then u will find the answers as i have posted a full explanation on this subject.

ash786 · Post by **ash786** » Wed Aug 12, 2009 10:48 pm

"For post study category it should be a straight forward procedure, but I have been disheartened by this rejection , because I didnt find this code of practice being mentioned any where in the applicationform or guidance"

Totally wrong wat u said as it clearly explains about that on the page 21 of the Tier 2 General form.

http://www.bia.homeoffice.gov.uk/siteco ... idance.pdf

1. It was u employer responsibility to make sure that u job is paid according to the lsit.
2. U shud have also read the guidence properly and understands all the requirements.
3. U said that Â£21000 was used on u COS can u tell me that wen u employer applied the licence how many hours he put on the licence or related information
4. U shud have scored points for prospective earnings and i will explain that why did not they give u points after u reply for wat i said above.

s0787671 · Post by **s0787671** » Thu Aug 13, 2009 7:07 pm

HI Ash,
I was there when my sponser issued the certificate, To be honest I didnt see any section that asked for the hours to be put in the COS.

* I was wondering if I can apply again, with a new COS. I have checked the code of practice and found the minimum pay to be 22300 for a graduate developer. But this time my sponser wouldnt pay for the application and I have to do that. I dont want to talk to it this time. Its a lot of money spent on the application.

*** I have gone thru ur post , but the bit I am wondering is , can I apply even if my current annual salaryis 18500 and its gonna be raised to 22300 only next year. Iam asking this because, when I send my (six mionth ) Payslips along with my application, it would reflect a salary equivalent to 18500 per annum.

I was thinking of having a visa consultant do this application for me, because I didnt know if I missed some thing.

*************************************
Please give me a idea on wat I should do next time to succeed, as I have points for qualification, funds , maintainance.. But failed on sponser COS , and prospective earning which is the important bit.

s0787671 · Post by **s0787671** » Thu Aug 13, 2009 7:18 pm

ALso , I forgot to mention.
1. Prospective earning , I didnt receive the points for that

Reason given for that : ALthough u have claimed 10 points for prospective earnings, the salary quoted on COS doesnt comply with the codes of practice. In line with published guidance, no points have been awarded.

*** This is wat was mentioned in the report sent back by UKBA.

ash786 · Post by **ash786** » Thu Aug 13, 2009 7:26 pm

s0787671 wrote:HI Ash,
I was there when my sponser issued the certificate, To be honest I didnt see any section that asked for the hours to be put in the COS.

* I was wondering if I can apply again, with a new COS. I have checked the code of practice and found the minimum pay to be 22300 for a graduate developer. But this time my sponser wouldnt pay for the application and I have to do that. I dont want to talk to it this time. Its a lot of money spent on the application.

*** I have gone thru ur post , but the bit I am wondering is , can I apply even if my current annual salaryis 18500 and its gonna be raised to 22300 only next year. Iam asking this because, when I send my (six mionth ) Payslips along with my application, it would reflect a salary equivalent to 18500 per annum.

I was thinking of having a visa consultant do this application for me, because I didnt know if I missed some thing.

*************************************
Please give me a idea on wat I should do next time to succeed, as I have points for qualification, funds , maintainance.. But failed on sponser COS , and prospective earning which is the important bit.

1. If u still have a valid leave then u can reapply
2. Make sure that old COS has been cancelled by u employer.
3. U job needs to paid by the code of list
4. U suppose to sign u contarct before the COS with Â£22300.
4. Initial application: u prospevtive earnings needs to be Â£22300 or above and it shud be for the same year u apply for the extension.
For example, if u apply for the extension this year in Aug then u wages shud be paid Â£22300 from AUG or wen u signed the contarct before the COS

s0787671 · Post by **s0787671** » Thu Aug 13, 2009 7:35 pm

Hi ASh,
I have a valid visa till oct 2010 thats not a problem.

*************************************************
Two things I understood from your reply.
1. The payslips I show for 6 six months work with my current employer can be any amount, it is just to check if i have been working for the employer or Not , isnt it ?

2. The date mentioned on the COS should be date when My salary be raised to 22300 or wat ever as per code of practice.

** is there a part in COS where u have to put in the hours per week ? as u had asked in the previous post (point 4)?

**************************************************
Since I already work for my employer, Do i need to ask him to do a another offer letter for me with the new salary updated?

Cheers,
Bharat

s0787671 · Post by **s0787671** » Thu Aug 13, 2009 7:37 pm

Sorry to bother you , here is the code of practice iam looking at. I fit under Graduate developers description.

http://www.ukba.homeoffice.gov.uk/sitec ... actice.pdf

ash786 · Post by **ash786** » Thu Aug 13, 2009 7:59 pm

s0787671 wrote:Hi ASh,
I have a valid visa till oct 2010 thats not a problem.

*************************************************
Two things I understood from your reply.
1. The payslips I show for 6 six months work with my current employer can be any amount, it is just to check if i have been working for the employer or Not , isnt it ?

2. The date mentioned on the COS should be date when My salary be raised to 22300 or wat ever as per code of practice.

** is there a part in COS where u have to put in the hours per week ? as u had asked in the previous post (point 4)?

**************************************************
Since I already work for my employer, Do i need to ask him to do a another offer letter for me with the new salary updated?

Cheers,
Bharat

http://www.bia.homeoffice.gov.uk/siteco ... s-7-August

1. New changes has ben announced for TIER 2 General
2. The forms and the guidence will be updated shortly to reflect the new changes
3. U are no longer required to provide a letter from the employer to confirm that u have been working for the same employer (See the link above Page 2) only bank statements or wage slips will be enough
4. It does not matter u were working on Â£15000 or Â£28000 before as long as U COS is applied according to the code of practice for the job u are applying a visa for
5. U shud hav u own employment contract for u records as u employer will put those details while applying for COS.
6. HO will only account 48 hours per week and not more than that. If u need to work (For example) 55 or 60 hours to earn Â£22300 then it will again effect u wages as HO will calculate u prospective earnings upto 48 hours only and it will reduce u wages from Â£22300 (Read the following link as it will explain about the 48 hour rule)

http://www.immigrationboards.com/viewtopic.php?t=42869

7. U shud ask u employer wat details he entered while applying for COS as the company will enter details regarding to your job, working hours and wage etc.

s0787671 · Post by **s0787671** » Thu Aug 13, 2009 8:09 pm

Thank you ASH. I had sent you a link for the code of practice , whcih includes the Graduate developer job in it. Hope there isnt any change to that

ash786 · Post by **ash786** » Fri Aug 14, 2009 3:07 am

s0787671 wrote:Thank you ASH. I had sent you a link for the code of practice , whcih includes the Graduate developer job in it. Hope there isnt any change to that

U just have to keep an eye on that as it says on the UKBA web site that the list can be different or chnaged.

s0787671 · Post by **s0787671** » Fri Aug 14, 2009 12:13 pm

My sponsor told me today that he can only apply for one COS , as he just got the sponsor license a month back. He is A rated sponsor. He cant amend the previous COS can he? . This is a made system, if He cant apply for another COS for a year. That's awful.

Do you know anything about the amount COS a sponsor can apply, even if he recently got his license.

Arjun_123 · Post by **Arjun_123** » Fri Aug 14, 2009 12:41 pm

Guys, this is really getting confusing to meâ€¦

At the moment I am getting paid 21,500 (i have 8 payslips wid this pay on it at the moment) which is less than the minimum wage according to code of practise, so I can not apply now. But from 1 November 2009 I will be paid 25,000 This is just more than the minimum wage specified by UKBA. And my COS will be applied with that pay in NOV/DEC.

So can I make Tier 2(general) visa application with just one payslip with my new pay on it (say in 1st week DCE)? As said in this forum or do I have to wait till May to get 6 payslips with that new pay? And apply then.

Note: I have visa (PSW) till 30 June 2010.

Any advice will be appreciated. Many thanks in advance.

Arjun_123 · Post by **Arjun_123** » Fri Aug 14, 2009 12:54 pm

And in regards to s0787671â€™s question on Number of COS a sponsor can issue..

I think you can not make changes to the used COS once used/ rejected. Your sponsor can check the status of the COS issued online, if the status is â€˜Usedâ€™ then I am sure you can not make changes or reuse it(Sorry about it :

).
Even my employer is A-rating sponsor, but they have got a limit of only one COS for this year, which is awful but we canâ€™t help it mate.

That is why I am being very careful about my application and troubling people with hell a lot of questions..

and making sure I donâ€™t waste it..

Wait for confirmation and advice from senior members..

s0787671 · Post by **s0787671** » Fri Aug 14, 2009 1:00 pm

Hi Arjun,
As far As I understood what ASH had told me
1. you can apply for the tier 2 if your cos shows the right pay according to code of practice and it is paid for 48 hrs of work.
2. you only need to show payslips to prove that you have been working for ur current employer, so it doesn't matter what ur current pay is.
3. But after the date (which you will be mentioning on ur COS for tier 2 visa) the pay should be according to wat s mentioned on ur COS.

Ie: in ur case you can apply with date on COS being any time in NOV, as u said ur pay is going to incrase after nov 2009.

***You still need to show six previous pay slips to proveu have been working for ur current employer, no matter wta annual pay is .

Hope I have not confused you.

Arjun_123 · Post by **Arjun_123** » Fri Aug 14, 2009 2:24 pm

Ok mate, thatâ€™s clear. And if that is the case then I am happyâ€¦(@ALL , please lemme know if it is any different)

I was in a misunderstanding that I will have to wait for 6 months with the new pay on em and then apply along with those payslips. Thank you for u r reply.

ash786 · Post by **ash786** » Fri Aug 14, 2009 6:46 pm

Arjun_123 wrote:Ok mate, thatâ€™s clear. And if that is the case then I am happyâ€¦(@ALL , please lemme know if it is any different)

I was in a misunderstanding that I will have to wait for 6 months with the new pay on em and then apply along with those payslips. Thank you for u r reply.

"You must have worked in the job you have now for your current sponsor for at least six months before you apply. You must also continue to work for your sponsor in the job you have now"

Make sure that the above rule has been followed.

s0787671 · Post by **s0787671** » Fri Aug 14, 2009 7:54 pm

Hi ASH ,
My sponser cant apply for a another COS till next year, since he recently got his sponser licence(he stated that he cant apply for more than one certificate in the first year). Is nt there a another way to issue a COS.

ash786 · Post by **ash786** » Fri Aug 14, 2009 8:08 pm

s0787671 wrote:Hi ASH ,
My sponser cant apply for a another COS till next year, since he recently got his sponser licence(he stated that he cant apply for more than one certificate in the first year). Is nt there a another way to issue a COS.

http://www.ukba.homeoffice.gov.uk/emplo ... tificates/

http://www.ukba.homeoffice.gov.uk/emplo ... tificates/

It all depends on u company at the time of the application. The above link explain this situation in full details.

Arjun_123 · Post by **Arjun_123** » Mon Aug 17, 2009 2:41 pm

Ok Ash, thank u.

One last question, my sponsor has a limit of just one COS this year, they got licence in 7th Aug 2009. And HO said they will get new ones next year.

When does the New Year start for us? Is it exactly after 12 months from the date they got Licence or is it financial year or anything else?

Many Thanks

s0787671 · Post by **s0787671** » Mon Aug 17, 2009 4:43 pm

IN the new changes made on 7th august.
1. I have found that you cant apply for tier 2 visa 3months before the date stated in the COS.

If you have a tier 1 PSW you dont have to show maintainance funds of 800 in ur account .

**************************************************************
I was just looking at the tier 2 application guideline and found there isnt any changes made to it.
*************************************************************

Presently
My sponsor has to reapply for the licence, so that he can issue a another COS for me. At least this time I want to make sure that I am following everything according to the guidelines.

ash786 · Post by **ash786** » Mon Aug 17, 2009 7:00 pm

Arjun_123 wrote:Ok Ash, thank u.

One last question, my sponsor has a limit of just one COS this year, they got licence in 7th Aug 2009. And HO said they will get new ones next year.

When does the New Year start for us? Is it exactly after 12 months from the date they got Licence or is it financial year or anything else?

Many Thanks

It wud be the date the licenced was issued to the company and the company wud have a confirmation about it from HO.

urvee · Post by **urvee** » Thu Aug 20, 2009 9:05 am

You have two choices here, if you have been given appeal rights you can appeal. or you can file a fresh application with required salary in certificate of sponsorship.

s0787671 · Post by **s0787671** » Sat Aug 22, 2009 9:39 am

Hi ash
My employer is ready to issue a new COS and Iam not sure wat the job title and description should be.

If I mention a job title as software engg and show the salary as 22500 will that be fine or do I have to mention the job title as graduate developer and job description as a Software programming and development for robotics and automation.
That's what my job is programming industrial robots , PLC and vision systems for automation industry.
Please do let me know so that I don't make any mistakes this time.

Cheers,
Bharat

ash786 · Post by **ash786** » Sun Aug 23, 2009 12:39 am

s0787671 wrote:Hi ash
My employer is ready to issue a new COS and Iam not sure wat the job title and description should be.

If I mention a job title as software engg and show the salary as 22500 will that be fine or do I have to mention the job title as graduate developer and job description as a Software programming and development for robotics and automation.
That's what my job is programming industrial robots , PLC and vision systems for automation industry.
Please do let me know so that I don't make any mistakes this time.

Cheers,
Bharat

1. COS shud be issuded acording to the Code of Practice list
2. Why not look at the list uself and pass that information to u employer
3. Each job got a code for its related industry
4. U employer will use that code to issue the COS.
5. As long as the code is paid according to the list u will be fine.

http://www.ukba.homeoffice.gov.uk/emplo ... fpractice/

Immigrationboards.com: Immigration, work visa and work permit discussion board

Tier2 Application Rejected...HELP

Tier2 Application Rejected...HELP

Re: Tier2 Application Rejected...HELP

Re: Tier2 Application Rejected...HELP

Tier 2(general)