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I believe that your documents have been retained by the UKBA.. so, if you do a new application, you will have to point them out to the previous application to claim the documents. In this situation, it would very likely cause suspicion if your new application is a completely different SOC code than the previous one..vrk wrote:My worry is since I will be applying under different soc will it cause problem or suspicion?
If it is a guaranteed bonus, then yes. In your SoC there is a section which asks for guaranteed bonuses. It should also be mentioned in your job offer letter. But still, your salary should be at least £20481 on the basis of 37.5 hrs per week to apply with your previous SOC codevrk wrote:I get £600 yearly, which would add upto £20440 (£19874 + £600). Do you think I should ask the UKBA about this?
So, yes.. immediately after 10 working days elapses after which you get 28 days of grace period to submit a new application.mthila wrote:NB You can continue working for 10 more working days from the deemed service date of your refusal letter. From my understanding, you can't do a fresh application during this period either. Wait until this period elapses and do a fresh application.
10 working days from the deemed service day of your letter of refusal. It should mention in your letter that you have 10 working days to lodge your appeal. That means your current leave is extended until then under the section 3(C) of the immigration act of 1971. While you are under the section 3(C) you can't submit any fresh applications for leave to remain in the UK.vrk wrote:1. 10 working days from when exactly? and y 10 days? any link supporting this?
Yes, your employer can apply for a new CoS allocation and in fact you should do in immediately.vrk wrote:can I atleast apply for new CoS immediately? as it takes time to come through within this 10 days?
I booked PEO appointment through a solicitor firm. It was fairly expensive because the solicitor charged a lot of money and the application fee too is high.vrk wrote:How did u get the appointment to apply in person so quickly as I have seen ppl not getting dates for like 3 months
vrk wrote: My Tier 2 General visa got rejected yesterday. From all the threads I have read regarding people with similar rejection as mine, u seem to be the 'Go To Person' for help.
Here is my case:
Previous Visa: PSW ( expired on 3rd March)
Application for Tier 2 G: 2nd March
Rejection letter received: 27th April.
My visa got rejected based on inappropriate salary. I had applied for CoS under the old soc code 1141 as QA Technician. The UKBA Document said the pay needs to be £9.80/hour. Hence my HR Manager based on me working for 39 hours per week made the calculation and my salary was fixed for £19,874.40 /year. But now the rejection letter says since it is under £20k, I am not eligible. They have given the right to appeal. Before 6 April you had to have at least £20k salary or the minimum for the appropriate SOC code WHICHEVER THE HIGHER.
My HR Manager forgot to mention the yearly bonus I get which is not a fixed amount but varies each year depending on the company's profit. This year I got £600 on 26th April. This would cross the £20k barrier if I include to my salary. Would this help? The bonus can only be included in the salary if it is guaranteed
Now my first question is do you think I should appeal/make a fresh application? I am not keen on appealing as its lengthy process with court and lawyers involved. You have no grounds for an appeal, the refusal decision was correct because you didn't meet the requirements.
If I have to make a fresh application, the new soc code for QA Technician is 3115 with £21300 salary. You cannot apply with this SOC code as your job has to be at NQF level 6 and this job is at a lower skill level.
I have not spoken to my manager yet regarding increasing my salary and issuing a new CoS as its weekend. But in case if they yes, then I will apply for new CoS and once it comes through I will make a new Priority Postal Application. Do you think this is the right way to go ahead? You can re-apply any time within 28 days of the refusal but you need a new CoS with a NQF level 6 job SOC code (unless the job is a shortage occupation) and appropriate salary for a new entrant. The the salalary must be at least £20,300 or the min. salary for the SOC code WHICHEVER THE HIGHER.
If yes, can you please tell me when should I apply for new CoS and make my application? As I have heard different things like wait till 28 days and then apply. It is the employer who has to assign the new CoS to you - hopefully they will have an available allocation, if not, they have to apply for an increase of their CoS allocation. Once you have the CoS apply straight away. You are not allowed to work at present
If my company says they cannot increase my salary, then can I apply under different soc code and job title to my previous application? I am only working in the company to gain experience. So my job role/title is not fixed. I work in different departments each week. So my company would be happy to enrol me under any soc code as long as they do not need to increase my salary. As I was looking through the new soc codes, I found soc code 3119, which is almost similar to QA Technician but with salary requirement of £19200, which I am already earning.
Do you think if I apply under this 3119 soc code it will raise suspicion as my previous application which got rejected was under different soc code? Your previous application which has been refused is irrelevant. It is the sponsor who has to certify your SOC code and salary. SOC code 3119 is not at NQF level 6 and will not be acceptable.
Please can you suggest me the best possible way to proceed. I need to have a plan when I talk with my manager tomorrow.
You have been working under Tier1 PSW and now you are switching to Tier 2 General, therefore the T2G requirements apply. If the job is on the shortage occupation list it has to be NQF level 4 (not 3).vrk wrote:Hi Manci,
Thank you for your response. Quick question: I am already in this job for a while now. It is not a new job/company for me. So does the job still need to be in the Shortage list for me to apply in NQF level 3?
NQF level 6 - quality manager, SOC code 2462, min. salary £23,200 for new entrants for a 39 hour week (can be pro-rated down if your contracted hours are less)vrk wrote:Thank you manci,
So my only option is to apply under NQF level 6? I doubt my company will sponsor me as the minimum salary requirement for this level 6 is quite high.
You have to have a least pay of either £20000 or the amount specified in your SOC code of required skill level. I'm afraid I don't have any alternatives to that unless you discuss the matter with the company and get a salary which will satisfy a 37.5 hr contract. i.e. if the SOC salary is X, your salary should be [(X/39)*37.5] and this should accompany a job offer letter stating that your working hours per week are 37.5 and the same should be mentioned in the CoS as wellvrk wrote:Any other suggestion from your experience apart from what manci has given?
