Tier 2 general reapplying after refusal -URGENT HELP

[catchpete]

Hi
I came to the UK with my family 3 years ago on a Tier 2 General visa. I have applied for an extension to continue to stay and work for the same employer on July 15th 2016 (My visa expiry date is 29th July 2016). I received the decision letter today stating that my application to extend has been refused because my prospective salary does not meet the minimum requirement. The minimum was actually calculated by 39 hours a week but we had mistakenly calculated by 40 hours a week.

The decision letter states that I have 14 calendar days to apply for an 'Administrative review' which does not apply as It was an error made by my company.

The decision for refusal has come 2 months after I made the application and my visa has expired during this time. I don't know what to do now as its passed the 28 days from my visa expiry. Can someone please suggest what to do now to extend my stay here.

Thanks

[Frontier Mole]

Get your company to issue a new COS with the correct salary at the experienced rate and resubmit your application.

[catchpete]

Thanks for your quick reply.
Would I be able to apply even after my visa has expired? It expired on the 29th of July. When I called the immigration office they said the only option I have is to apply for administrative review and since my visa has expired , I cant submit a new application.

[catchpete]

Thanks for your quick reply.
Would I be able to apply even after my visa has expired? It expired on the 29th of July. When I called the immigration office they said the only option I have is to apply for administrative review and since my visa has expired , I cant submit a new application.

[Frontier Mole]

I hope you took the name of the individual as they plainly don't know the rules... Some learning & development needed there.
There is nothing to stop you re-applying. It will not be an automatic refusal because your visa expired BUT technically you should not be working while it is being considered. Get your company to pay for the Premium service as it was there fault.

[catchpete]

Thanks again for you reply.
We have been doing some more research and I think there is a case working error.
I am using the following job code

2134 IT project and programme managers
Implementation manager (computing) IT project manager Programme manager (computing) Project leader (software design)
New entrant: £28,200 [Source: Annual Survey of Hours and Earnings 2014] Experienced worker: £40,600 [Source: Incomes Data Services in 2014, uplifted based on national changes in earnings]

Shouldnt this be calculated on 40 hours a week based on the following condition ?

(e) The rates stated are per year and are based on the following weekly hours:
1. (i) Where the source is the Annual Survey of Hours and Earnings, a 39-hour week;
2. (ii) Where the source is NHS Agenda for Change or the Royal Institute of British Architects, a 37.5-hour week;
3. (iii) Where the source is teachers’ national pay scales, on the definition of a full-time teacher as used when determining those pay scales;
4. (iv) where the source is the National Grid submission to the Migration Advisory Committee, a 37-hour week;
5. (v) In all other cases, a 40-hour week.

Is there something that I have overlooked?
Thanks in advance.

[nasmc92]

you are right that in all other cases pay is based on 40 hours but the rate mentioned on SOC is based on 39 hours. so if your COS says 40hrs a week then pay should be calculated based on that
Rate calculated on 40 hrs for 2134 (experienced rate)
(40,600/39)*40 = 41,641.05

SOC recent (look at page-5 which mention that all rates are basedo n 39hrs. I know its confusing)
https://www.gov.uk/government/uploads/s ... l_2015.pdf

The rates are based on a 39-hour working week for all occupations where the salary source used is the Annual Survey of Hours and Earnings.

Where other salary sources are used, please note that the rates are based on the following weekly hours:
 Where the source is NHS Agenda for Change or the Royal Institute of British Architects, a 37.5- hour week;
 Where the source is teachers’ national pay scales, the definition of a full-time teacher is used when determining those pay scales;
 Where the source is the National Grid submission to the Migration Advisory Committee, a 37- hour week;
 In all other cases, a 40-hour week.

[catchpete]

Hi nasmc92, I think there is a confusion here.

-The job code I am applying for is '2134 IT project and programme managers'
-Salary rate is £40,600 [Source: Incomes Data Services in 2014, uplifted based on national changes in earnings]
- Please note that the the Source is 'Incomes Data Services in 2014' and not 'Annual Survey of Hours' ( which means that the salary falls under 'In all other cases, a 40-hour week').
-so the minimum of 40,600 is the correct salary and NOT(40,600/39)*40 = 41,641.05.

Please correct me if I am wrong here.

Pete.

[nasmc92]

you just need to understand that any rate you are looking on recent SOC is based on 39 hours.
40,600 is for 39 hours . for any other hours you need to re-calculate.

you had a recent refusal because of entering 40 hours but if you still believe that 40,600 is for 40 hours then no point of discussing any more mate

I would ask you to change your hours to 39 but if that is not possible then calculation has to be done again for 40 hours and re apply