Tier 4 to Tier 2: refusal because of 40hrs vs 37.5 hrs

[adnreika]

Hi,

I was among the "lucky" ones who was waiting for employer to get Sponsorship License for more than 6 months. Our company applied in April and we got it in November. I had to apply without the License and without CoS on the last day of my Tier 4 General Student visa.
Then we got License and assigned 1 CoS for me (the only 1 we were given).
I posted the new CoS details using Change Of Circumstances form and it seems to have worked.
Finally, I got refusal because I stated £27k salary for 40 hours week when it had to be 37.5 hours.
My Tier 4 expired 29 Oct, I applied 3 days before - on 26 Oct. Now I have right to appeal during 10 business days.
I am wondering how it is different to this situation: http://www.immigrationboards.com/viewto ... 014#546014 - that's the message I noticed after we applied but we decided not to do anything about relying on the topic.
I am going to Appeal during next week using solicitors.
I will be happy to get some recommendation.

Thanks.

[confused007]

i think I am in the same boat....
I posted my application with gross salary of 46k(inclusive of 4k billable factor) for 40 hrs.The SOC is senior systems analyst.......that means i require 41600 for 37.5 hours..if they dont consider my 4k billable factor...i am screwed....i guess I Shot myself in foot....:/:/.....
well i wish you all the best...keeping fingers crossed for everyone...keep us posted what happens with your case...

Regards,
Confused....

[adnreika]

i think I am in the same boat....
I posted my application with gross salary of 46k(inclusive of 4k billable factor) for 40 hrs.The SOC is senior systems analyst.......that means i require 41600 for 37.5 hours..if they dont consider my 4k billable factor...i am screwed....i guess I Shot myself in foot....:/:/.....
well i wish you all the best...keeping fingers crossed for everyone...keep us posted what happens with your case...

Regards,
Confused....

you mention 46k? I think you are safe if you put 46k where you need 41600.

[Jeeves]

If you aren't paid the paid the salary on the Code of Practice I don't see how an appeal can succeed.

Which SOC code did you employer put on the CoS?

[adnreika]

If you aren't paid the paid the salary on the Code of Practice I don't see how an appeal can succeed.
Which SOC code did you employer put on the CoS?

2132 Software professionals. Operations analyst: £27,000
My employer increased my salary from 26 to 27 just before application, and just didn't notice 37.5 hours thing.

[confused007]

If you aren't paid the paid the salary on the Code of Practice I don't see how an appeal can succeed.
Which SOC code did you employer put on the CoS?

2132 Software professionals. Operations analyst: £27,000
My employer increased my salary from 26 to 27 just before application, and just didn't notice 37.5 hours thing.

I didn't notice the 37.5 hours as well.what are your options and which one are you taking?

[adnreika]

If you aren't paid the paid the salary on the Code of Practice I don't see how an appeal can succeed.
Which SOC code did you employer put on the CoS?

2132 Software professionals. Operations analyst: £27,000
My employer increased my salary from 26 to 27 just before application, and just didn't notice 37.5 hours thing.

I didn't notice the 37.5 hours as well.what are your options and which one are you taking?

Talking to solicitors at the moment and we will try to issue new CoS and submit out-of-date application within 28 days after refusal which will be my final attempt..

[baraiya_kanaiya]

@Adnreika

Have you re-applied for tier 2?

I am in same situation. My psw refused and i got right to appeal after i did appeal but unfortunately my appeal was dismissed by upper tribunal. After my appeal refused i re-apply for fresh application into tier 2 general during 28 days after appeal refused. I am waiting for reply from ukba.
I am confused about labour market test. My student visa expired on 30 july 2012.
My employer have to do labour market test or not?

[SimiP]

Hi,

I am in the same boat. My Tier2 refused due to inappropriate salary.

I have 25k but it needs to be 28K. My employer is ready to increase as needed. My question is what is the chance of winning if i make an appeal on the grounds saying that the salary will be increased???

Also My visa expired on 30th dec 2012. Can I make a fresh application with new CoS and appropriate salary. The salary increase will be this month. Is that Ok??? Also my passport is not with me.

Please pour in your suggestions asap.