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Tier 2 Visa Refused - Your advise please

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

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pricesoft
Junior Member
Posts: 83
Joined: Sat Jul 31, 2010 4:10 pm

Tier 2 Visa Refused - Your advise please

Post by pricesoft » Tue Aug 24, 2010 11:23 pm

Hello guys,

Your viewpoints are appreciated in advance.

I applied to switch from a PSW visa to a Tier 2 (General) visa on the 16th of July and on the same job. I got a feedback on my tier 2 visa application yesterday and was unfortunately refused on the grounds that my prospective salary didn't meet the CoP minimum job salary requirement.

I applied as a web developer, which I understand isn't explicitly defined as a job title in the CoP. Based on the job descriptions however, the most suitable job title is that of a web designer (min salary requirement 26000).

My employer admittedly made an administrative mistake in selecting the wrong job code 2132 while filling the CoS form, and as a result, the home office adjudged my job title to be that of a systems developer (min salary requirement 31200). Because I only earn 26400 per annum, I was refused because of this.

I've been given the right to appeal the decision and would like to know if I've got a good chance of winning the appeal if I get a good solicitor. My employer is willing to employ a very good one.

Your help is much appreciated, Thanks Guys.

pokale2600
Junior Member
Posts: 57
Joined: Tue Aug 03, 2010 10:48 am

Post by pokale2600 » Wed Aug 25, 2010 4:15 pm

Hey buddy,

just curious! you have posted a subject 'please help....tier 2 visa application" on 31 july. where you said you havnt got CoS and your visa is runing out on 12th of august
http://www.immigrationboards.com/viewtopic.php?t=61353

Now, in this post you are saying you have applied for tier 2 visa on 16th of july. doest it mean you had a CoS when you applied (then in previous post y did u say that u havnt got CoS) or you applied without CoS?

Bluffing with members. Hope not!
:evil: :?:

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed Aug 25, 2010 5:07 pm

Possible that CoS was allocated after the OP submitted his application and the same was communicated to UKBA while the application was under consideration (and not decided as yet then).
pricesoft wrote:I decided to apply for the Tier2 visa on the 16th of July 2010 without being assigned a Certificate of Sponsorship; however my application was accompanied by a cover letter written and signed by my employer's HR Director who is also the Authorizing Officer. This cover letter explains my employer's intention to sponsor me on a Tier 2 visa and its pending application for an additional certificate of sponsorship (which is obviously taken longer than expected). We advised that they hold on to my visa application pending a decision on the additional certificate of sponsorship application.
regards

pricesoft
Junior Member
Posts: 83
Joined: Sat Jul 31, 2010 4:10 pm

Post by pricesoft » Wed Aug 25, 2010 10:32 pm

@sushdmehta You are very correct. Page 30 of the tier 2 visa application form which contains the section where I have to fill in my COS reference number was sent in subsequently (2 weeks after I initially applied).

My sponsor included a cover letter in my initial application seeking to explain to the caseworker why my COS hadn't been issued and how I plan to send it in after I was issued one.

@sushdmehta what do you think regarding my original post. I'd really appreciate your advise. Thanks

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