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Tier 4 to tier 2 switch refusal - AR application

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Lchung678
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Posts: 3
Joined: Thu Sep 06, 2018 8:13 am
United Kingdom

Tier 4 to tier 2 switch refusal - AR application

Post by Lchung678 » Thu Sep 06, 2018 8:33 am

Hi guys, I’ve been looking into other people’s posts on this forum and I have decided to make a post here as well as I am getting very frustrated about my Administrative review application.

My current Tier 4 visa expire date is 8th Oct 2018

I received a decision from the home office on 9th Aug 2018 that my tier 4 to tier 2 application is being refused as my salary doesn’t meet the minimum requirement. The home office reads my annual salary offer as 23369.00. But having discussed it with my employer and checked my application form, both of us had both put down 23369.60 in the cos and the tier 2 switch application. The home office is refusing my application on the basis that I am getting 0.56p less than the minimum wage whilst my salary does include that 0.56p difference.

I went on to apply for an administrative review on 10th Aug 2018 and I haven’t received any response back from the home office to day. I worry about the following:

1. I applied on the basis that the home office has ‘reached an incorrect decision on the grounds that you gave false information’ and noted the reason above. Whilst this is apparently a reason for ‘at the border’ decisions, I couldn’t find any other reasons that’d be suitable for my reason to apply.

2. Today 6th Sep 2018 marks the 27th working day since my administrative review and I still haven’t got any response from the home office.

What would you guys recommend me to do? Does my AR application has a good chance of overturning the original decision? Thank you!

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CR001
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Re: Tier 4 to tier 2 switch refusal - AR application

Post by CR001 » Thu Sep 06, 2018 9:03 am

What is your SOC?
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.

Lchung678
Newly Registered
Posts: 3
Joined: Thu Sep 06, 2018 8:13 am
United Kingdom

Re: Tier 4 to tier 2 switch refusal - AR application

Post by Lchung678 » Thu Sep 06, 2018 11:31 am

I am not sure what you mean by what COS it is. Can you explain it please? They overturned the decision now for me. Thank you!

Update: the HO overturned the refusal and granted me the tier 2.

ShainR
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Posts: 31
Joined: Mon Aug 20, 2018 10:28 am
United Kingdom

Re: Tier 4 to tier 2 switch refusal - AR application

Post by ShainR » Thu Sep 06, 2018 12:25 pm

Hi,

Congratulations.

Please can you let us know the occupation and SOC code?

Thanks.

Lchung678
Newly Registered
Posts: 3
Joined: Thu Sep 06, 2018 8:13 am
United Kingdom

Re: Tier 4 to tier 2 switch refusal - AR application

Post by Lchung678 » Sun Sep 09, 2018 2:37 pm

Occupation: pharmacy related work

SOC code: band 5 health sector worker

Thanks!

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