Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
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ashishbansali
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by ashishbansali » Thu Sep 01, 2016 8:24 am
Dear All - My first Tier 2 General (5 year) visa has been refused since the salary criteria wasn't as per the code of practice. I'm applying it again with new CoS reference & revised salary package which is meeting exactly the threshold mentioned in Code of Practice guide. Could you please clarify/guide me on below concerns.
1. Should we need to attach any extra documents like cover letter or anything to mention my earlier application has been refused for so and so reason ? or just a normal application should be fine without any issues ?
2. Regarding the salary criteria, my employer has calculated for 37.5 hrs per week and offered me the exact threshold of salary which is being mentioned in code of practice guide. i.e, Salary Package of £28750/- per annum for 37.5 hrs comes exactly to minimum requirement (£ 29900/- per annum) for 39 hrs when calculated as per UKBA code of practice guidelines. Would this be an issue in refusing my visa once again ?
Cheers,
Ashish
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iworker
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by iworker » Thu Sep 01, 2016 9:05 am
No
No
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gag285
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by gag285 » Thu Sep 01, 2016 9:06 am
Sorry to be nosy but are you saying, you are applying a Tier 2 visa application for the same job with an increased salary to meet the threshold. If your CoS was subject to RLMT, would an increase in salary not require another RLMT for the new salary offered for the job. If it's an unrestricted CoS i.e. not requiring RLMT, you seem ok.
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noajthan
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by noajthan » Thu Sep 01, 2016 9:07 am
UKVI!!
All that is gold does not glitter; Not all those who wander are lost. E&OE.
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dragon098
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by dragon098 » Thu Sep 01, 2016 9:10 am
Hi,
I think you could ask your employer to write you a letter regarding the facts of your salary and mention that there was mistake during calculating it or whatever I am sure you should be fine.
Regards,
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ashishbansali
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by ashishbansali » Thu Sep 01, 2016 9:15 am
Hi iworker - Thanks. If I'm correct, you mean I'm out of chances that my visa could be refused this time ?
1. No need of any additional documents to be included for my earlier refusal.
2. Salary requirement is fine though it is meeting the exact threshold mentioned in code of practice as per calculation.
Cheers,
Ashish
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dragon098
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by dragon098 » Thu Sep 01, 2016 9:17 am
ashishbansali,
Can I ask you if this is your first application or is this your extension.
Regards,
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ashishbansali
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by ashishbansali » Thu Sep 01, 2016 9:19 am
Hi gag285 - Thanks. I'm applying for a different job role this time, but with the same employer though. Employer has gone through RMLT process and then offered me a job once again with a fresh CoS reference.
Does it look Ok to move on ? or is there a chance of refusal again ? My only concern is that the salary meeting the exact threshold of requirement
Cheers,
Ashish
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ashishbansali
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by ashishbansali » Thu Sep 01, 2016 9:21 am
Hi dragon098 - Thanks. This is not my extension. Rather, its my second attempt to obtain my Tier 2 General work visa.
The first attempt was refused due to salary constraint
Cheers,
Ashish
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dragon098
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by dragon098 » Thu Sep 01, 2016 9:26 am
I think you should be okay because one my brother his visa was refused too because the people who generated COS put him in NFQ level 4 instead of 6 and he reapplied and got it without any problem.
But you need to remember that in your future applications you need to always mention to them that your first visa got refused and I am telling you this because this is what happened to my brother but he is fine and moved into 3 different jobs in Tier2.
best of luck and hopefully, yours should be fine.
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gag285
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by gag285 » Thu Sep 01, 2016 10:07 am
ashishbansali wrote:Hi gag285 - Thanks. I'm applying for a different job role this time, but with the same employer though. Employer has gone through RMLT process and then offered me a job once again with a fresh CoS reference.
Does it look Ok to move on ? or is there a chance of refusal again ? My only concern is that the salary meeting the exact threshold of requirement
Cheers,
Ashish
You look ok from the RLMT point of view. The salary threshold is a salary threshold. If you meet it , you meet it. Don't worry about the fact that you are just meeting it. You should be fine.
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ashishbansali
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by ashishbansali » Thu Sep 01, 2016 11:06 am
dragon098 wrote:I think you should be okay because one my brother his visa was refused too because the people who generated COS put him in NFQ level 4 instead of 6 and he reapplied and got it without any problem.
But you need to remember that in your future applications you need to always mention to them that your first visa got refused and I am telling you this because this is what happened to my brother but he is fine and moved into 3 different jobs in Tier2.
best of luck and hopefully, yours should be fine.
Thanks dragon098
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ashishbansali
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by ashishbansali » Thu Sep 01, 2016 11:07 am
gag285 wrote:ashishbansali wrote:Hi gag285 - Thanks. I'm applying for a different job role this time, but with the same employer though. Employer has gone through RMLT process and then offered me a job once again with a fresh CoS reference.
Does it look Ok to move on ? or is there a chance of refusal again ? My only concern is that the salary meeting the exact threshold of requirement
Cheers,
Ashish
You look ok from the RLMT point of view. The salary threshold is a salary threshold. If you meet it , you meet it. Don't worry about the fact that you are just meeting it. You should be fine.
Thanks gag285
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ashishbansali
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by ashishbansali » Thu Sep 01, 2016 11:28 am
It's been near about a month since my employer has applied for restricted CoS application. But, haven't received the CoS reference yet. It was on July 22nd 2016 my employer has confirmed the CoS application would be made accordingly. Considering they would have applied 26th July 2016, by this time I should have received the CoS reference from UKVI. Any insight why it is getting delayed ?
Cheers,
Ashish
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CR001
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by CR001 » Thu Sep 01, 2016 11:35 am
Why have you started a new topic? Is this question related to your other thread?
http://www.immigrationboards.com/uk-tie ... 15686.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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ashishbansali
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by ashishbansali » Fri Sep 02, 2016 6:29 am
Yes it is.. But thought I should raise a new topic since the question differs though it is for same case.
Cheers,
Ashish
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CR001
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by CR001 » Fri Sep 02, 2016 6:35 am
Please keep questions on the same application in a single topic.
See link below
http://www.immigrationboards.com/announ ... t5722.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.