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Tier 2 (ICT) Cos Salary is less - Refusal Letter

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

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AnanyaRao
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Tier 2 (ICT) Cos Salary is less - Refusal Letter

Post by AnanyaRao » Mon Jun 18, 2018 2:11 pm

Hi,

I'm looking for information to guide me how to go about the Refusal letter received indicating that the CoS salary is less in-spite of submitting the offer letter with salary which is as per the Visa standard. I have received a Refusal letter, should i apply for Administrative Review, if so then how should i justify.

Thanks & Regards,

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CR001
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Re: Tier 2 (ICT) Cos Salary is less - Refusal Letter

Post by CR001 » Mon Jun 18, 2018 2:13 pm

What is the SOC and what is the salary offered?

Are you extending or switching or is it a new application from outside the UK??

You need to provide more information if you expect free advice from members.
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AnanyaRao
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Re: Tier 2 (ICT) Cos Salary is less - Refusal Letter

Post by AnanyaRao » Tue Jun 19, 2018 5:42 am

Hi,

Thank you for your response.

I was offered GBP 35,000 in COS and then offer letter had GBP 41,500. My Visa application was refused, due to the COS Salary of GBP 35,000, even though i had submitted my Offer letter with GBP 41,500. I'm applying outside of UK and this is my First Tier 2 ICT visa application.

Thanks & Regards,

thevocalmonk
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Re: Tier 2 (ICT) Cos Salary is less - Refusal Letter

Post by thevocalmonk » Tue Jun 19, 2018 7:04 am

As far as I know, the offer letter salary does not matter and your application was correctly rejected, as the salary on the COS was less than GBP 41,500.

Why did your employer generated a COS with salary as GBP 35,000, if they intend to pay you a higher salary?

There's no merit in applying for a review, and you should talk to your employer.

Good luck!

AnanyaRao
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Re: Tier 2 (ICT) Cos Salary is less - Refusal Letter

Post by AnanyaRao » Tue Jun 19, 2018 10:18 am

Hi,

Thank you for the response. I have been asked to apply for the Administrative Review.

Please let me know how should I go about it ?

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Re: Tier 2 (ICT) Cos Salary is less - Refusal Letter

Post by crazy_p » Tue Jun 19, 2018 10:59 am

AnanyaRao wrote:
Tue Jun 19, 2018 10:18 am
I have been asked to apply for the Administrative Review.
What is the point you are going to prove going with an AR? As far as I know, AR is for the cases where you feel that the case worker has done something wrong / hasn't acted with the rules, etc. In this case, I don't see any wrong with the case worker's decision. Isn't it?

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Re: Tier 2 (ICT) Cos Salary is less - Refusal Letter

Post by CR001 » Tue Jun 19, 2018 11:03 am

Can you state the exact wording of the refusal letter, taking out personal info.
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Re: Tier 2 (ICT) Cos Salary is less - Refusal Letter

Post by AnanyaRao » Tue Jun 19, 2018 11:42 am

You have applied for entry clearance to the United Kingdom under Tier 2 (Intra-Company Transfer) of the Points Based System. I have considered your application under paragraph 245GB of the Immigration Rules. You can read these rules at:
https://www.gov.uk/government/collectio ... tion-rules
Guidance that explains the types of documents which, in addition to the application form, might give a visa applicant the best opportunity to show that their circumstances are as they have set out is available at:
https://www.gov.uk/check-uk-visa
In assessing your individual application, it has not been necessary to interview you, but I have taken account of:
• the financial and employment information as declared by you on your application form;
• your passport;
• your family circumstances, and
• the supporting documents you provided.
I have used all the information provided by you to determine if the requirements of the Immigration Act have been met. In reaching my decision, which has been made on the balance of probabilities, I note the following points:
The Decision
Detailed below are your scores in each of the areas for which you claimed points for attributes and controls, and the points awarded by the entry clearance officer (ECO), with comments where there is a discrepancy.

ECO Comment:
In order to be awarded points as a Long Term staff migrant under Tier 2 (Intra-Company Transfer) you must be earning an annual gross salary no less than £41,500. Your COS confirms your annual gross salary as £35,000.00 and therefore you have not met the requirements to be awarded points for an appropriate salary under Appendix A of the Immigration Rules.
I therefore refuse your application under paragraph 245GB(b) of the Immigration Rules.

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Re: Tier 2 (ICT) Cos Salary is less - Refusal Letter

Post by CR001 » Tue Jun 19, 2018 11:59 am

So your employer put a salary in the CoS that does not qualify for ICT LT visas.

AR will fail as HO has not made an error and the immigration rules are very clear on the minimum salary for this visa category.
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