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visa refused strongly need your advise

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

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ncisgreat
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Posts: 57
Joined: Sun Aug 09, 2009 6:08 am

visa refused strongly need your advise

Post by ncisgreat » Sat Jan 05, 2013 4:58 pm

Topic closed[/b]
Last edited by ncisgreat on Mon Jan 14, 2013 10:43 am, edited 1 time in total.

physicskate
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Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: visa refused strongly need your advise

Post by physicskate » Sat Jan 05, 2013 5:40 pm

ncisgreat wrote:My salary was 17000 per year. For visa process everything was done by their representative

On january 2nd their representative informed me they have received my refusal letter. The only reason was i received 0 points for salary. My refusal letter says my salary is 17000 per year and the hours was given 40 hours per week by which wages is 8.17 per hour which should be 8.45 per hour according to code of practice.

Why do i need to go back to my country because of new emplyers' representative mistake. They could have simply given 37.5 hours then i would habe got visa. Because of their mistake i am suffering now
Even with 37.5 hours at £17,000 you would be refused... Your salary needs to be above £20,000 or the salary found in the code of practice, whichever is HIGHER. Your salary cannot be under £20,000, even if the codes of practice says less. This was introduced 6 April, 2011.

manci
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Post by manci » Sat Jan 05, 2013 7:22 pm

Kate, there is an exception from the £20k min. salary requirement for T2G migrants who last had leave under the rules before 6 April 2011 (see para 69 of the policy guidance)

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sat Jan 05, 2013 7:33 pm

Ncisgreat, if your sponsor licence was revoked your leave should have been, or will be, curtailed. Has it? If it has, when does your curtailed leave expire?

physicskate
Diamond Member
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Joined: Tue Oct 30, 2012 10:46 am

Post by physicskate » Sat Jan 05, 2013 8:00 pm

manci wrote:Kate, there is an exception from the £20k min. salary requirement for T2G migrants who last had leave under the rules before 6 April 2011 (see para 69 of the policy guidance)

Even if they are changing employers and not just extending their current leave?

Gosh these rules are as clear as mud!!

ncisgreat
Junior Member
Posts: 57
Joined: Sun Aug 09, 2009 6:08 am

Post by ncisgreat » Sun Jan 06, 2013 12:16 am

physicskate wrote:
manci wrote:Kate, there is an exception from the £20k min. salary requirement for T2G migrants who last had leave under the rules before 6 April 2011 (see para 69 of the policy guidance)

Even if they are changing employers and not just extending their current leave?

Gosh these rules are as clear as mud!!
Yes even if we change employer new rule doesnt apply. On my refusal letter they have clearly stated my wages should be 8.45 per hour

ncisgreat
Junior Member
Posts: 57
Joined: Sun Aug 09, 2009 6:08 am

Post by ncisgreat » Sun Jan 06, 2013 12:21 am

manci wrote:Ncisgreat, if your sponsor licence was revoked your leave should have been, or will be, curtailed. Has it? If it has, when does your curtailed leave expire?
My leave has never been curtailed infact they never sent any notice to me and on my refusal letter they havent mentioned anything else except salary issue. They have given just single reason clearly written my wages should be 8.45 per hour. Thats it

dylan
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Joined: Mon Nov 08, 2010 1:35 am

Post by dylan » Sun Jan 06, 2013 6:46 pm

Probably you would not like to hear what I am about to say.

You mentioned that your visa got expired in November. If that is correct then there is no leave left to curtail. In addition, I believe if you have received right of appeal then that is because your visa is expired.

It is compulsory to put the same details as the adverts in the CoS. But if the company has made a mistake by advertising 40 hours instead 37.5 then you may be able to get the company involved to resolve your problem if it is possible at all.

ncisgreat
Junior Member
Posts: 57
Joined: Sun Aug 09, 2009 6:08 am

Post by ncisgreat » Mon Jan 07, 2013 10:26 am

dylan wrote:Probably you would not like to hear what I am about to say.

You mentioned that your visa got expired in November. If that is correct then there is no leave left to curtail. In addition, I believe if you have received right of appeal then that is because your visa is expired.

It is compulsory to put the same details as the adverts in the CoS. But if the company has made a mistake by advertising 40 hours instead 37.5 then you may be able to get the company involved to resolve your problem if it is possible at all.
Yes the company has written a letter telling the contract is 17000 for 37.5 hours week not for 40 hours and its their mistake not mine. But dont if it will help me to win appeal.

One agent claiming me even though my visa has expired i can make fresh application with new cos. If every thing done correctly they will approve my application and its guarantee. Dont know i shoul believe them or not if my application get refuse i wont have apoeal right

ncisgreat
Junior Member
Posts: 57
Joined: Sun Aug 09, 2009 6:08 am

Post by ncisgreat » Tue Jan 08, 2013 1:28 pm

Today i asked my solicitor about advertised details and he told the salary must fall within advertised detail but we can argue on working hours for eg. We can say though total hours is 40 wages is paid for 37.5 hours excluding break time

Now i am feeling we dont have strong enough points to overturn the decision. Even though there is not a single fault of mine i have to leave the UK for no reason. I have already settled here and started new life. Because of someone else blunder i am being punished. There is no justice in this country

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