Tier 2 refused, wrong code. Need some advise.

[loperaja]

Hello to all.
Recently I applied for Tier 2 sponsored in order to extend my leave which was under tier 4 student. Unfortunately I got a rejection letter last Saturday and although they gave me the chance to appeal, I think the reasons they stated for the refusal were clear enough so I would rather make a new application from my home country.
I will return to my country asap as my current leave already expired and I don't want to become an overstayer. The main problem I'm facing now is that the UKBA didn't get my passport nor the rest of my supporting documments back. I obviously need my passport to travel. My questions are:
1. Does anyone knows how to get all the documents back?
2. How long can I stay here after my notification in order to not become an overstayer?
3. Someone could please recomend me a good solicitor who can give me some advise so I can make a better application this time?

Thanks in advance to everyone, it's nice to see such a group of good people willing to help you get through this painful process.

[VickyImmy]

You should receive the documents soon after your rejection letter. It might be sent separately.

Usually if you have the right to appeal, then your leave is automatically extended and you are considered to be legally in the UK.

However, this will be valid only till your appeal deadline. If you have decided not to appeal, you should leave the UK within 28 days from your refusal date.
The refusal date is the date mentioned in your rejection letter. After 28 days from your refusal date, if you are not making an appeal or a new application within UK, you will then be considered as an Overstayer.

One more thing, If you decide to make a fresh application WITHIN UK before the 28 days is up you will then have to declare yourself as a overstayer in all your future applications, as it is a fresh application.
However, This is not the case if you are applying from your country.

You may want to share the reason for refusal, so you can get advise on that.

[loperaja]

Thanks VickyImmy for your quick response! I was really confused about the time I have to leave the country as they doesn't mention much in those letters. I have to accept that my initial application was a complete mess, basically the main reason for my rejection was a wrong SOC code, it needed to be NQF level 6 and it wasnt. That made my certificate of sponsorship completely invalid and no points were given for that item. I won't appeal as it takes a long and I can't see any mistake or omission in their decision.

My idea is to apply using soc code #2137 "Web design and development professionals" (http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf) As I will be applying form home I will have to apply as an experienced worker. Am I doing it right? The salary for the experienced profesional is £25,200, how is it exactly calculated according to the working hours? Should it be exactly that amount?

Obviously they will have to undertake a resident labour market test posting the vaccancy online for 28 days. I hope for a good outcome as I really enjoy my work here and wouldn't like to abandon my project.

[VickyImmy]

Choosing right SOC code is not just enough. Also ensure that your job title matches with one of the sample job titles UKBA has listed under the SOC code you are looking for. This is very important. If your current title doesn't match anything then you have to look for other job titles that closely matches your current title. And in your CoS your job responsibilities must be stated and this should also match the one given under the SOC code you wanna go with.

Since you have already been working for the company it also depends on which VISA you are currently in.

The salary rate is based on 39 hours work week. That is, if you are stating your salary as 25,200 as given in the SoC list, in your CoS 39 or anything less than 39 for work hours is fine. However, if your company mentions 40 or more then your salary must be raised accordingly. You just have to do the math between salary and the number of work weeks in your company.

Anything equal to the salary mentioned in the list or greater than that is perfectly fine.

And Yes. you have to go through all the red tape again. Also your company should give you restricted sponsorship this time. You may also want to check regarding maintenance, English requirements, Overstay (if applicable), etc.

Good luck with your application.

[loperaja]

Thanks, you have been really helpful. One last thing: If my contract states that I work 37.5 hours per week the salary should remain? Can it be reduced accordingly?

Thanks again.

[VickyImmy]

Salary should never go below the specified rate, for 39 hr/week working hours. It can be higher, though!

[manci]

Note that if you sre assigned a new CoS and re-apply in-country within the 28 day window an RLMT will not be required.

The min pay stated in the codes of practice is for a 39 hour week and if your contractual working hours are 37½ the minimum pay is pro-rated down.

[loperaja]

Thanks for your answer manci.
I cant re-apply in country as my current leave already expired, dont want to be an overstayer and is better not to take any risk. I better go back home and try to do all my stuff from there.
Are you sure the salary can be pro rated down? I dont want to make more mistakes.

[manci]

I would like to start doing my resident labour market test for my visa application using soc code #2137 (Level 6). My job position is exactly the one they describe into the codes of practice document. i would like to know where exactly should the company I work for post the job vacancy (they say two sites -I guess jobcentre online but where else?)

http://www.ukba.homeoffice.gov.uk/busin ... arkettest/

and if the salary must be exactly the range included in the document of codes of practice. There is no range, only the minimum is stated (for a 39 hour week)

I guess that SOC code is valid for an application made outside the country because is level 6 and the salary will be the one the specify for a new entrant.

For who can be considered a new entrant see:
http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf