Tier 2 General Refused due to Salary(Urgent pls)

[AKU]

Hi my Tier 2 Visa has been refused because of the following reason:
"Your certificate of sponsorship states that your salary would be £20,300 (min for the soc code) per annum for a 40 hour week (this includes unpaid breaks of 2.5hrs a week) which equates to £19,792.49 for a 39 hour week.
My employer made a mistake, as my actual working hours is 37.5 hours a week. My visa expired on the 28th of January and the HO have now retained all our documents. We have been given a right of appeal and a solicitor has advised that since this is a administrative error we can appeal.
Would you please advice me on the options we have please?
Thank you

[manci]

One option would to appeal within the time allowed for appealing, as the solicitor suggested. If you do appeal you can continue working because your previous leave (presumably PSW) will continue under section 3C of the Immigration Act 1971.

Another option would be to re-apply after the period allowed for appealing ended but within 28 days of the expiry of your visa. In this case you wouldn't be allowed to continue working and if your application was not granted for whatever reason you wouldn't get a further right to appeal. A new CoS would be required but if your last leave was PSW no RLMT.

If you decide to appeal get a letter from your sponsor in which they acknowledge that they made a mistake in the CoS. Presumably you also have an offer letter corroborating the sponsor's mistake. Try sending these to the caseworker, advise him him/her that you have appealed and ask if s/he could reconsider. If the HO think that their decision is likely to be overturned by the tribunal they may retreat.

[psw2009]

What is your soc code?

[AKU]

Hi Manci
thank you for your response. I am switching from Tier 4(no work) to tier 2 so the RLMT will still not be required. . I will get the necessary documents from the employer, send the appeal and contact the case worker as advised. I pray that they overturn this decision. I will keep you posted.

The Soc was:2421

Your forum has been really helpful.
Thank you.

[AKU]

What is your soc code?

Hi it is 2421

[lindalaila]

Hi AKU,
I am currently in the same situation and I wonder if it is better to appeal or to reapply?
Could you please slet me know how fare you have gone so far?
Thank you in advance.
Regards

[lindalaila]

Hi Manci,
Could you please let me know if a RLMT is required in this case for someone coming from Tier 2 and trying to extend work withe same employer?
Thank you in advance

[manci]

Hi Manci,
Could you please let me know if a RLMT is required in this case for someone coming from Tier 2 and trying to extend work withe same employer?
for extension applications, continuing in the same job with the same sponsor, no RLMT is needed
Thank you in advance

[lindalaila]

Hi Manci,

Thank you for your help.
There is however an important parameter I forgot to mention in the question. My previous application has been refused and my leave is already expired. As I am still within the 28 day period, I believe I can still submit a fresh application. The question is to know if I am still exempted because of that reason despite the fact that my leave is already expired? The policy guidance seems to say that a current leave is required.

Thank you in advance.

[manci]

@lindalaila
if your previous application for an extension was refused, and you didn't appeal, then as an overstayer you are not allowed to work and it follows that you are not "continuing" in the job - therefore a fresh application wouldn't be an extension application.

[lindalaila]

Thank your for your reply Manci.
May I ask you for advice on my situation then?
It's a bit tricky.
What would you do in my place?

[AKU]

Hello Manci
Thank you for your assistance back in February.
I appealed the refusal & submitted the offer letter that clarified the hours. The HO withdrew the appeal & subsequently granted the visa in May.
God bless you for all your help

[a4ashwini]

Hello Manci,

I have just received a letter stating my Tier 2 general Visa has been refused, and I can apply for a administrative review within 14 days. The reason being the salary did not meet the appropriate rate under SOC 2136.

When I filed my Tier 2 visa in March 2012 the SOC I used was no longer the listed in the current category codes, the closest my employer chose was SOC 2136 and since my visa did not meet the salary criteria it got refused,

So my questions are -
1) There has been a mistake in SOC code when my employer assigned a COS - Can I apply for administrative review stating that this is a human error and then find a suitable SOC code and ask employer to apply for a new COS?

2) So Should I be still working as my visa has already expired?

Your reply will be greatly appreciated,

Many thanks,
Ashwini

[Nafeesah16]

Hi there
I am really srry to hear about your refusal. The same things happened to me however i appealed and aslo won the appeal, the judge ruled in our favour. But the case got to pakistan and the ECO. Refused to give the visa. Which is totally unacceptable because the judge had given the visa. I dont uderstand how this could happen. Could seomone plase help me out.. Thanks

[manci]

Hello Manci,

I have just received a letter stating my Tier 2 general Visa has been refused, and I can apply for a administrative review within 14 days. The reason being the salary did not meet the appropriate rate under SOC 2136.

When I filed my Tier 2 visa in March 2012 not 2015? the SOC I used was no longer the listed in the current category codes, the closest my employer chose was SOC 2136 and since my visa did not meet the salary criteria it got refused,

So my questions are -
1) There has been a mistake in SOC code when my employer assigned a COS - Can I apply for administrative review stating that this is a human error and then find a suitable SOC code and ask employer to apply for a new COS?
it is for your sponsor to choose the most appropriate SOC code and make sure that the salary is adequate as per the codes of practice. No point in asking for admin review as UKVI did not make a mistake.

2) So Should I be still working as my visa has already expired?
you can work during the 14 day period allowed for the administrative review but not beyond.

You can re-apply with a new CoS within 28 days of the refusal decision.



Your reply will be greatly appreciated,

Many thanks,
Ashwini