Visa Refusal Tier 2 (General) Migrant - Salary Related

[Faisal87]

Hi all,

I received the letter today with an appeal form. I really do not know what to do, or someone I can speak to.

The letter states:

Your certificate of Sponsorship states that your prospective employment most closely corresponds to occupation code 2135 on the code of practice. From 6 April 2013, a new policy on rates of pay for 'new entrants' and 'experienced workers' within the Codes of Practice was introduced.
Your certificate of Sponsorship states that your potential employment would be between July 2014 and July 2019. As this employment would take your total stay in the UK as Tier 2 Migrant over 3 years and 1 month, your salary would be subject to experienced worker appropriate salary rate. - How can this be rectified? This is my first job, I should be classified as new entrant

The minimum acceptable rate to pay a 40 hour working week for your prospective employment is 31,200 per annum, as stated on occupation code 2135 under experienced worker appropriate salary rate.

Your certificate of Sponsorship states that your salary would be 21,000 per annum for a 37.5 hour week which equates to 22,400 per annum for a 40 hour week. Does my employer need to increase the salary?

As your prospective salary is not at or above the minimum rate as specified in the Codes of Practice (SOC 2010) under the experienced worker level and you do not meet any exemptions as specified in Appendix A of the immigration Rules, we do not consider it to be at the appropriate rate for the job

Your help is appreciated, Thank you

[physicskate]

Hi all,

I received the letter today with an appeal form. I really do not know what to do, or someone I can speak to.

The letter states:

Your certificate of Sponsorship states that your prospective employment most closely corresponds to occupation code 2135 on the code of practice. From 6 April 2013, a new policy on rates of pay for 'new entrants' and 'experienced workers' within the Codes of Practice was introduced.
Your certificate of Sponsorship states that your potential employment would be between July 2014 and July 2019. As this employment would take your total stay in the UK as Tier 2 Migrant over 3 years and 1 month, your salary would be subject to experienced worker appropriate salary rate. - How can this be rectified? This is my first job, I should be classified as new entrant

The minimum acceptable rate to pay a 40 hour working week for your prospective employment is 31,200 per annum, as stated on occupation code 2135 under experienced worker appropriate salary rate.

Your certificate of Sponsorship states that your salary would be 21,000 per annum for a 37.5 hour week which equates to 22,400 per annum for a 40 hour week. Does my employer need to increase the salary?

As your prospective salary is not at or above the minimum rate as specified in the Codes of Practice (SOC 2010) under the experienced worker level and you do not meet any exemptions as specified in Appendix A of the immigration Rules, we do not consider it to be at the appropriate rate for the job

Your help is appreciated, Thank you

You can't apply for a 5 year visa on the new entrant rate... you could apply for a three year visa, or your employer would have to up the rate to experienced worker.

[Faisal87]

Thank you!

One question - Do I need to wait for my passports to arrive OR just proceed with a fresh application? I need to mention in the application that the passports are currently with the Home Office?

Many thanks