Invalid application / Tier 2 extension / urgent advice

[rona1978]

I have initially switched from the Fresh Talent Initiative Working in Scotland Scheme after obtaining my MSc degree from a UK University, and was sponsored since 2010.

Tier 2 Visa valid until 14/01/2013

I submitted my original application for an extension in January 2013, prior to the expiry of my current visa. I received a letter end of January advising that the application was invalid on the basis that the credit card details provided were incorrect/illegible. Company paid for my Visa and typed a wrong digit. The company have provided me with letter to UKBA explaining that it was the company fault and me role in very critical to the company and extremely difficult to replace.

I have re-submitted my application the next day, before 28 days window (after expiry of current leave) and done my biometrics on the 15th March 2013

My question / concerns are:

Q1 - Would my revised application for Tier 2 general extension would still be considered.
Q2 - I am still doing same job / same job stated in previous Code of practice however my salary increased in the 3 years by £5000 (due to annual increments and incentives) as i work in recruitment however not commissioned based, however the company rewards all staff with good annual pay rise. My employer highlighted that COS as well.

I am extremely concerned and worried, and I wonder if anyone can provide some advice as I am aware I would not be given the chance to appeal.

[manci]

You applied within the 28 days window (counted from the notice of rejection) therefore your application will be considered by UKBA and, hopefully, they will find it in order as regards skill level, SOC code, salary, etc. BUT

1. as you rightly say, in case of a refusal you will not get the right to appeal.

2. there may be a problem with the employer letting you continue working because strictly speaking they are not supposed to as you are currently an overstayer (even though it was through their fault that you became an overstayer).

[rona1978]

Thank you for your response – much appreciated
I am currently on unpaid leave pending the UKBA decision. Can I just double check that there won’t be an issue that my salary has increased in the three years , hence my salary is above min requirements in codes of practice.
Thank you kindly in advance.

You applied within the 28 days window (counted from the notice of rejection) therefore your application will be considered by UKBA and, hopefully, they will find it in order as regards skill level, SOC code, salary, etc. BUT

1. as you rightly say, in case of a refusal you will not get the right to appeal.

2. there may be a problem with the employer letting you continue working because strictly speaking they are not supposed to as you are currently an overstayer (even though it was through their fault that you became an overstayer).

[manci]

it is irrelevant what your salary was 3 years ago. For the current application all that matters is that it should be at or above the minimum stated in the codes of practice for your SOC code