Help required - PSW to Tier 2 rejection on salary, wrong SOC

[londoncalling33]

Hi Everyone,

I was hoping for some guidance as I’m at a loss of how to proceed.

I made an application for a transfer of a PSW to Tier 2 General, and received a letter over the weekend informing me that the UKBA had decided to refuse my application on the grounds that my salary didn’t meet the requirements for my assigned SOC code.

It turns out that the job description for the SOC code that my sponsor applied for didn’t match up to my actual job as they had picked code 2423 (£15.20/hr), which is in the financial sector, which isn’t what I do at all. It also had a much higher salary requirement than what I earn (£13.74/hr 35hr week).

My sponsor has looked into this, realised their error and is backing me 100% - they are applying for a new COS for the correct SOC code which best matches my actual job description (3543, £11.01/hr) and they are also giving me a substantial salary increase to £15.38/hr (apparently I was getting it “at some point” next year anyway, but for the sake of keeping me on they are making it effective from Jan 1st). Therefore I should be completely covered on the salary side.


My problem now is that my PSW actually EXPIRED 2 weeks ago whilst I was awaiting the decision from the UKBA on my application.

I’m at a bit of a loss of what my next step is. I have spoken to 3 different agencies who deal with visas, and after answering their checklist of questions (seems like I went through to generic call centres) I was given different advice by all of them!

1. Appeal the decision. From what I’ve read on these forums, it seems that the appeal will likely fail based on the information that was provided on the application. Can I submit the new salary info, or is this not allowed?

2. Make an out of country application. Is this possible / how long could this take?

3. Make an out-of-time application. Is this just a brand new application or is there a specific form for this? I do realise that if this one fails that there would be no right for appeal. Can I make this now whilst my 28 day grace period is ticking away?


It seems that even the agencies are conflicted as to the best course of action.

Can I still make an out-of-time application given that my PSW has lapsed and the decision has been made? Am I correct in assuming it could be a different type of application as technically I’m not switching from a PSW anymore as that visa is now expired?

I read about Pricesoft’s story which seems quite similar to my position: http://www.immigrationboards.com/viewto ... sc&start=0

It seems he went through the appeal process which failed, then he made an out-of-time application and was granted a visa – would it be worth just making an out-of-time application now?

I spoke to an immigration lawyer yesterday and they mentioned an out of country application, but they are in the process of moving offices so will be getting back to me sometime soon hopefully.

I would greatly appreciate any advice you can give!

[arsenal49]

1. it is a pointless exercise.
2 and 3 is what you should be concentrating on

2. will work as long as you are given 'restricted COS'...

3. will work as long as you submit new app within 28 days of expiry of visa date. include all the details in a covering letter to explain overstay

[londoncalling33]

Many thanks for the advice.

I just have a few more questions:

Since the application to decision process took around 6 weeks previously, if I go with option 3 of submitting a new application within 28 days (before 21st Dec), will that put a hold on the overstay allowance or will everything have to be wrapped up before then? I'm just worried about the automatic 1 year ban if I exceed the 28 day overstay allowance!

Also, will I still be allowed to continue working under the circumstances? This option would be preferred by my sponsor for obvious reasons.


If I decide to leave the country and make an out of country application - would this take longer? I know my sponsor is currently applying for an unrestricted COS as I'm currently still in the country, but if they have to obtain a restricted COS, will this just make things longer?

Sorry for all the questions, I just want to get everything clear before making the next step! Thanks again

[arsenal49]

If I decide to leave the country and make an out of country application - would this take longer? The process is considerably quicker when compared with in-country application duration of 4-6 weeks.

I know my sponsor is currently applying for an unrestricted COS as I'm currently still in the country, but if they have to obtain a restricted COS, will this just make things longer?

Acquiring Restricted COS requires jumping more hoops as compared to an un-restricted COS. Depends on different factors which can be found on ukba site when searching for restricted COS.

[peg1980]

Hello,
To ' londoncalling33', How is everything going now? what path did you go?

I have same situation here, although I have not got my passport back.
I finished biometric taken at 16 Nov and waiting the result. However, I discovered that my employer might put the wrong COS.

For me, it is not possible to make application outside of the UK, because my job is not on the shortlist(restricted COS). As my job is marketing associate professional (section N). http://www.ukba.homeoffice.gov.uk/sitec ... tnov11.pdf

Also does 'out-of-time' application is the same application or is a specific form?????

Except waiting the result, anything I can do? Any advice will be appreciated!!