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Tier 2 visa rejected

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

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VBG
Newly Registered
Posts: 3
Joined: Tue May 20, 2014 5:36 pm

Tier 2 visa rejected

Post by VBG » Tue May 20, 2014 6:27 pm

Hi All,

I would be grateful if someone could help me with my tier 2.

Today I received a letter from home office that my tier 2 visa is refused because of insufficient salary. I applied for tier 2 extension with the same employer that I have been working for on my tier 2.

I approached a legal advisor who suggested me to go for new COS and my employer is willing to give new COS. My visa ran out last month.

I am unable to decide whether to go for an appeal so I can buy some time and then apply with new COS…….. OR ….get the new COS and apply without any mistakes? Which of this would be better option?

Because of my desperate personal circumstances I need to live in the UK for at least 6 months.

Can I appeal if my fresh application gets rejected?

Kindly please help me..

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 visa rejected

Post by manci » Tue May 20, 2014 6:41 pm

if you appeal within the permitted time stated in the refusal letter you can continue working, if you don't appeal you will not be allowed to work from the time when the appeal period ends.

Before the appeal is heard it can be withdrawn and a new application submitted.

VBG
Newly Registered
Posts: 3
Joined: Tue May 20, 2014 5:36 pm

Re: Tier 2 visa rejected

Post by VBG » Tue May 20, 2014 7:03 pm

Hi Manci,

Thank you very much for your reply. I spoke to my employer and I decided to appeal meanwhile we will try to get new allocation.

I am sure that my appeal will be rejected ( as per my legal advisor), and I am prepared for it mentally. What should I be doing to make that my fresh application won't get rejected. Is there any chance that my visa gets rejected even if I apply with all correct details this time.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 visa rejected

Post by manci » Tue May 20, 2014 8:30 pm

if you have a legal advisor ask him/her to check your application before it is submitted.

VBG
Newly Registered
Posts: 3
Joined: Tue May 20, 2014 5:36 pm

Re: Tier 2 visa rejected

Post by VBG » Wed May 21, 2014 1:35 pm

Thank you Guru,

Actually I applied first time through a legal advisor and I believe he intentionally dint guide us properly as he is now asking for 1000 pounds for appeal. I already gave him 500 pounds for the initial application.

I am now approaching a new solicitor but I could not find a trust worthy one.

Clementine
Newly Registered
Posts: 2
Joined: Mon Jun 09, 2014 10:37 pm

Re: Tier 2 visa rejected

Post by Clementine » Thu Jun 12, 2014 4:13 pm

Hello, VBG.

Hope your situation has been resolved by now. But, if not, here is my Tier 2 extension refusal experience. Hope you can pick up something useful:

Like you, I applied for Tier 2 (General) extension for further 3 years, but it was refused due to insufficient salary. My salary on my CoS was £27,000 as same as the required annual salary for my job. However, it was for 40-hour week, not 39-hour week that UKVI required, therefore my salary didn't meet the requirement.

Luckily for me, since 6th April 2014 the requirement has been lowered so my salary met the new requirement. My employer managed to assign me a new unrestricted CoS. *If you're extending your Tier 2 visa to do the same job for the same employer, your employer should be able to assign you an unrestricted CoS.

I used the Premium Service for my second application because I had only 2 weeks till my current visa expires.

However, there was a hiccup. At the first desk/reception, I was told that my CoS stated that my job starts 01/07/2014 and ends 01/07/2017 so it's 3 years AND 1 DAY so I should have paid fee for 'over 3 years', not 'up to 3 years'. So they refused to accept my application. I told them that I was just extending my visa so needed only 'up to 3 year' visa (you can't stay more than 6 years in total with Tier 2 anyway). But they said as long as my CoS states over 3 years, I have to pay for 'over 3 years'.

First, they told me to cancel my Premium Service appointment ('£100 wouldn't be refund'), go back to my employer and ask to change the date on my CoS, book a new appointment and come back...

However, after I pleaded, they told me to call my employer and ask her to put a note about the date error via the sponsor management system; then they would check their system as the note should appear on their system immediately; and then they would accept my application as soon as they see the update. So I called my employer and sorted out the date issue, and they accept my application and I got an approval that day.

I did it on Wednesday at 5pm at Croydon service centre. It was quite empty and the staff were overall helpful and nice, and it took me only 1 hour a half in total to get the decision. It's extra £400 to the application fee, but I thought it was worth it in my situation. You know, if your application have any issues, you can talk to the staff about the issues instead of just receiving a refusal letter.

Shreyasx01
Junior Member
Posts: 88
Joined: Sat Mar 31, 2012 8:22 am

Re: Tier 2 visa rejected

Post by Shreyasx01 » Fri Jun 13, 2014 9:20 am

Hi Clementine,

I also have been assigned a 5 year CoS however my employer told me that it is upto me to choose the visa duration. I have chosen the upto 3 year route, will my application be rejected?

Shreyasx01
Junior Member
Posts: 88
Joined: Sat Mar 31, 2012 8:22 am

Re: Tier 2 visa rejected

Post by Shreyasx01 » Fri Jun 13, 2014 10:55 am

I just talked to my immigration advisor and he said I can choose either, upto 3 year or more than 3 year, it is all my choice.

I also called UKVI, they also said it is upto me to make the choice but then they said there is a chance of being flagged if I choose upto 3 year fee even though the company has a 5 year CoS. It depends on the case worker I guess. :-/

the3rdman
Junior Member
Posts: 68
Joined: Mon Nov 18, 2013 11:16 pm

Re: Tier 2 visa rejected

Post by the3rdman » Fri Jun 13, 2014 11:47 am

Clementine wrote:However, there was a hiccup. At the first desk/reception, I was told that my CoS stated that my job starts 01/07/2014 and ends 01/07/2017 so it's 3 years AND 1 DAY so I should have paid fee for 'over 3 years', not 'up to 3 years'. So they refused to accept my application. I told them that I was just extending my visa so needed only 'up to 3 year' visa (you can't stay more than 6 years in total with Tier 2 anyway). But they said as long as my CoS states over 3 years, I have to pay for 'over 3 years'.
Hey Clementine, I'm a bit confused. How were your COS dates considered over 3 years, when it was assigned from 01/07/2014 to 01/07/2017. Isn't that considered 3 years exactly?

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