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Tier 2 refusal, please help.

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

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LMMW
Newly Registered
Posts: 25
Joined: Mon Jan 05, 2015 8:51 pm

Tier 2 refusal, please help.

Post by LMMW » Mon Jan 05, 2015 9:09 pm

Hi All,

Happy new year!

My Tier 2 was refused because my employer entered 40 hours per week on the CoS application, however the job is listed as 39-hour working week. Therefore my salary fell under the minimal requirement.

My current Tier 4 will expire on 30th Jan, 2015, so I still have time to make a new application.

My employer has requested to increase CoS allocation today. I understand that my employer has to either reduce my working hour or increase my salary to meet the appropriate salary level.

If my employer were to reduce my working hour, what document my employer has to provide to prove that? Does my employer need to send Home Office a letter to explain the situation?

I would really appreciate any help and advice! Thank you :)

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

Re: Tier 2 refusal, please help.

Post by manci » Mon Jan 05, 2015 9:21 pm

LMMW wrote:Hi All,

Happy new year!

My Tier 2 was refused because my employer entered 40 hours per week on the CoS application, however the job is listed as 39-hour working week. Therefore my salary fell under the minimal requirement.

My current Tier 4 will expire on 30th Jan, 2015, so I still have time to make a new application.

My employer has requested to increase CoS allocation today. I understand that my employer has to either reduce my working hour or increase my salary to meet the appropriate salary level.
correct

If my employer were to reduce my working hour, what document my employer has to provide to prove that? Does my employer need to send Home Office a letter to explain the situation?
no, stating an hours/salary combination in the new CoS which complies with the rules will be sufficient

I would really appreciate any help and advice! Thank you :)

LMMW
Newly Registered
Posts: 25
Joined: Mon Jan 05, 2015 8:51 pm

Re: Tier 2 refusal, please help.

Post by LMMW » Wed Jan 07, 2015 11:43 am

Thank you manci.

Do you know roughly how long it will take for UKVI to respond to request to increase CoS allocation?

Is it necessary for adding a sponsor note with the new application to explain how my working hour will be reduced?

Many thanks in advance!

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

Re: Tier 2 refusal, please help.

Post by manci » Wed Jan 07, 2015 1:09 pm

LMMW wrote:Thank you manci.

Do you know roughly how long it will take for UKVI to respond to request to increase CoS allocation?
normally not more than 2 weeks but if any problem your prospective sponsor can phone the employer helpline 0300 123 4699
Is it necessary for adding a sponsor note with the new application to explain how my working hour will be reduced?
no
Many thanks in advance!

LMMW
Newly Registered
Posts: 25
Joined: Mon Jan 05, 2015 8:51 pm

Re: Tier 2 refusal, please help.

Post by LMMW » Wed Jan 07, 2015 7:04 pm

Thanks again manci.

Another question, I'm already working for my employer on my Tier 4, the Tier 4 expires on 30th Jan.
If the new CoS will be allocated in time, I will send off my new application before 30th Jan, does that mean I have to stop working from 30th Jan until I receive my visa?
Also, when my employer request the new CoS, can they enter any date as the start date? Many thanks!

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