Tier 2 General Visa - Refused due to wrong Soc Salary

[hari21]

HI,

Can someone help me on this below please..Its very URGENT!!
I have applied for a tier 2 Visa (change of employer) on July 16th 2016 ( My Visa got expired on July 19th), I got a letter from UKVI today stating my Visa has been refused due to wrong salary. My Employer have seen a Job code version from 2014 and assigned me job code and they have mentioned my salary as £27000 as they thought that it the correct salary for my job code but UKVI has released a new version on April 2015 where the salary for my job code 2139 should be £29900. Now my employer is ready to give me pay raise upto £30000 & bonus of £2000 as I'm much experience in the role they wanted.But they are not sure whether they have to take Resident Market Test again as they initial job posting salary range was only upto 27000.
PLEASE HELP ME , I Have only 9days to re-apply
Thanks in advance

[noajthan]

HI,

Can someone help me on this below please..Its very URGENT!!
I have applied for a tier 2 Visa (change of employer) on July 16th 2016 ( My Visa got expired on July 19th), I got a letter from UKVI today stating my Visa has been refused due to wrong salary. My Employer have seen a Job code version from 2014 and assigned me job code and they have mentioned my salary as £27000 as they thought that it the correct salary for my job code but UKVI has released a new version on April 2015 where the salary for my job code 2139 should be £29900. Now my employer is ready to give me pay raise upto £30000 & bonus of £2000 as I'm much experience in the role they wanted.But they are not sure whether they have to take Resident Market Test again as they initial job posting salary range was only upto 27000.
PLEASE HELP ME , I Have only 9days to re-apply
Thanks in advance

Yes, as per my understanding, if there are material changes then RLMT will have to be rerun;
after all a different calibre of applicant will surely apply if the company uses gimmicks such as increasing salary and offering bonus.

[Frontier Mole]

RLMT has to be completed from the start with the new salary and include all the benefits available to any prospective employee.

Also expect a potential visa refusal if you are selected for the role going forward as you are a pre selected candidate by default based on the refusal due to the salary shortfall.

[hari21]

HI,

Can someone help me on this below please..Its very URGENT!!
I have applied for a tier 2 Visa (change of employer) on July 16th 2016 ( My Visa got expired on July 19th), I got a letter from UKVI today stating my Visa has been refused due to wrong salary. My Employer have seen a Job code version from 2014 and assigned me job code and they have mentioned my salary as £27000 as they thought that it the correct salary for my job code but UKVI has released a new version on April 2015 where the salary for my job code 2139 should be £29900. Now my employer is ready to give me pay raise upto £30000 & bonus of £2000 as I'm much experience in the role they wanted.But they are not sure whether they have to take Resident Market Test again as they initial job posting salary range was only upto 27000.
PLEASE HELP ME , I Have only 9days to re-apply
Thanks in advance

Yes, as per my understanding, if there are material changes then RLMT will have to be rerun;
after all a different calibre of applicant will surely apply if the company uses gimmicks such as increasing salary and offering bonus.

Thank you , From your reply I understand that its no use that even if my employer is ready to give a letter stating their mistake of not mentioning bonus I'll not be given a Tier 2 Visa ??
If I decided to go back and apply from my home country Can I apply immediately ( after 1 month of Revised RLMT) with the same employer ? Assuming If they do not get any relevant candidate ? Or DO I need to wait for 3 or 6 months ? Please help

[hari21]

RLMT has to be completed from the start with the new salary and include all the benefits available to any prospective employee.

Also expect a potential visa refusal if you are selected for the role going forward as you are a pre selected candidate by default based on the refusal due to the salary shortfall.

Thank you for your response, If My employer takes RLMT again, Will I be given time to wait or is there way for me wait for new SoC with correct salary ? If not how long will I be allowed to stay here in UK and can I reapply from my home country with the same employer after 1 month of RMLT take from beginning ( provided they have not got any candidate suitable)? Please help

[iworker]

if u cant apply within 28 days, (which seems unlikely as rlmt has to be done again), u will have to leave the country.
The employer will then need to do rlmt again, and issue u a restricted cos.
but before all that, u will need to serve 1 year cooling off time before you can apply again.

[hari21]

if u cant apply within 28 days, (which seems unlikely as rlmt has to be done again), u will have to leave the country.
The employer will then need to do rlmt again, and issue u a restricted cos.
but before all that, u will need to serve 1 year cooling off time before you can apply again.

Thats really bad news for me .. then cant think about coming back for next 12months !! Will the cooling period apply even if I try Visa from my home country with different employer ?? Please advice

[CR001]

Thats really bad news for me .. then cant think about coming back for next 12months !! Will the cooling period apply even if I try Visa from my home country with different employer ?? Please advice

Yes, it will.