Tier 4 to tier 2 switch refused Inappropriate salary Urgent

[homes]

Hi there,

Please I need some urgent help
I made my Application to switch from Tier 4 (general) to Tier 2 in December. I got a letter dated for the 8th that I had bee refused by the home office the reason was:

[quote]Your certificate of sponsorship states that your potential employment will be between December 2016 and December 2021 as employment will take your total stay in the UK as a tier 2 migrant over 3 years and 1 month your salary will be subject to the experienced worker rate.
Minimum acceptable rate of pay for 39 hour week is 31,100.00 as an experienced worker in job code 2136 and your prospective salary is not above this rate and you do not meet any of the exemptions as specified in Apendix A of the immigration Rules. [/quote]

I was also told i could apply for an administrative review.

Please what are my options, My current tier 4 visa expires on the 20th of Feb, do I apply for the review?, or do I just ask them to reapply for a new cos and start my application process all over again?
How soon can I reapply after getting this letter?

Do I get a refund of the 5 years application fee I paid or do i Have to pay again?

Many thanks for the help!

[CR001]

For new entrant rate, you can't apply for more than 3 years, so the refusal is accurate.

You do not get your application fee back and will have to pay the visa fee again. You should get the IHS back though.

You can reapply as soon as you get a new CoS, valid for 3 years if you want to use the new entrant rate option.

[homes]

For new entrant rate, you can't apply for more than 3 years, so the refusal is accurate.

You do not get your application fee back and will have to pay the visa fee again. You should get the IHS back though.

You can reapply as soon as you get a new CoS, valid for 3 years if you want to use the new entrant rate option.

Thank you for the reply, If I get you correctly So I can ask my employer to apply for a new CoS and this time apply for 3 years instead? Can this application by my employer be done immediatly or do we have to wait out the admin review period?

Another question: Do i have to leave while I wait for the new CoS. Can I apply for the review with employer stating they did not put in the right dates for my employment period?

[CR001]

Thank you for the reply, If I get you correctly So I can ask my employer to apply for a new CoS and this time apply for 3 years instead? Can this application by my employer be done immediatly or do we have to wait out the admin review period? You/employer can do it immediately. AR is for when HO has made and error. In your case, they have not. If you apply for AR and it is refused, you have no legal status if your visa has expired.

Another question: Do i have to leave while I wait for the new CoS. Can I apply for the review with employer stating they did not put in the right dates for my employment period? No, you can stay in the UK up till your visa expiry. Employer must apply and issue a new 3 year CoS and you must reapply. AR is a waste as the error is yours/employers and not HO's. The decision was based on the CoS issued, which was a 5 year CoS.

[homes]

Thank you. I will get in touch with them