Tier 2 General refusal - wrong SOC code

[nikita10]

Hi all, I've been through the forum posts but couldn't find a concerete answer considering my situation. I was on PSW which expired on 30th July 2014. The Tier 2 general visa application was applied on 25th June 2014. I got a refusal letter for my application on 31st July 2014. Now my HR admits they made a mistake by assigning me a wrong SOC code in the CoS which falls under NQF 4. I should be under a SOC code in NQF 6.

Q1: I just want to understand, is making an appeal even fair as this is not home office case worker's mistake?

Q2: Can I re-apply for the visa with a new CoS now? I just need to know what can be done and my HR will cooperate with me as they're under lot of pressure (I've an important job in the company).

Q3: Can I work before making an appeal or a new application (if that's possible)?

Q4: Is making an appeal very expensive considering lawyers fees?

Any help will be highly appreciated.
Thanks to all who are on this forum and discuss such life dependent issues.

-N

[manci]

If it is important for you/ the company that you continue working then you should appeal within the 10 working day period allowed for the appeal. This is because then your PSW leave will continue automatically (under section 3C) until the appeal is decided. If the company accepts that the refusal was because an error of theirs they may pay for a solicitor to draft and submit the appeal but you may decide to diy by filling in and submitting the form. The appeal fee is £80 or £140 depending on whether you opt for a paper or oral hearing.
http://www.tribunals.gov.uk/Immigration ... IAFT_1.pdf

If you don't appeal you will not be allowed to work beyond the 10 working day appeal period. You will then be an overstayer but can still re-apply within 28 days of the date of the refusal decision. If you do that there will be no right of appeal if the re-application is refused for whatever reason.

Note that an appeal can be withdrawn at any time before the hearing but you cannot re-apply unless the appeal is withdrawn (if you submit one).

Your sponsor should assign a new CoS with a NQF level 6 SOC code which matches your job description. This will be valid for 3 months.

Before re-applying you could try contacting the caseworker and explain that a mistake has been made by the sponsor and ask for a reconsideration of your application with the new CoS. This must be supported by a letter from the sponsor admitting the mistake. It may also help to say that you have appealed. Sometimes this works.

[nikita10]

Thanks for the quick reply. I'm trying to pin down the best solution for this keeping in mind the future applications (changing employer) and quick decision.

• If I appeal, I'm basically saying that a case worker didn't do his job properly (which is not true)

• If I go for reconsideration, then I'll lose the right to appeal as it expires within next 5 days

• If I go for reapplication and it gets refused due to my previous failed attempt, I'll have no option but to go back

Money shall not be an issue now, I've sorted that out with my company. In your experience, which is the best way out?
Again, many thanks for your help.

-N

[manci]

Thanks for the quick reply. I'm trying to pin down the best solution for this keeping in mind the future applications (changing employer) and quick decision.

• If I appeal, I'm basically saying that a case worker didn't do his job properly (which is not true)

the appeal is simply to gain time so that you can continue working. Nobody is going to look at the case for several months (you will get a notification of the hearing date) and you will withdraw the appeal and re-apply with a new Cos in any case before it comes to the hearing. For the re-application use the premium or priority postal service (and get the company to pay for it)

• If I go for reconsideration, then I'll lose the right to appeal as it expires within next 5 days

appeal within the time limit AND request reconsideration. The appeal is to the tribunal, the request for reconsideration is to UKVI - they are two different entities independent of each other

• If I go for reapplication and it gets refused due to my previous failed attempt, I'll have no option but to go back

no, the previous refusal will have no bearing on the new application.

Money shall not be an issue now, I've sorted that out with my company. In your experience, which is the best way out?
Again, many thanks for your help.

-N

[Frontier Mole]

The fastest route is to resubmit a new application with a covering letter from the sponsor. But as Manci says this comes with the disadvantage of the loss of the right to work pending the decision.

[sarathml86]

I Hope you have sorted this issue,
I am about to apply for Tier2 visa with anew employer. As the SOC code beenc hanmged very confused under which COS code should my employer go by.

My JOb title is Manufaturing engineer ( salary is above than the SOC guideline) but the title is no where in the NVQ Level6 but the closest one in 2126(prodcution and process enigneer) which is exactly my job duties, but the title doesnt seem to be appeared in the list. However found Manufacturing enigneer in NVQ Leve4, that is not suitable for sponsorship.

Company says they are confident 2126 is what they would assign but am afraid if UKVI would accept this in the same way or would reject it.

I know many people with similar posts, any one there who could advise me would be a great help.!!

Thanks,

[Frontier Mole]

SOC 2127 is production and process.
If your role fits the example job tasks then that will be fine.
Your job title in your company does not need to be stated on the actual SOC to be valid

[Jeeves]

Not wanting to start an argument but... people making appeals just so they can keep working under 3C has probably influencd the decision by the Home Office to take away appeal rights. The appeal form includes a declaration 'I, the appellant, believe the facts stated in this appeal form are true' - I don't see how someone can sign against this if they are openly admitting that the reason they disagree with the decision is just that they want to keep working and that the reason for refusal is correct.

With regards to reapplying, the sponsor needs to be certain that the SOC they pick is the correct one for the job. Just because the one that used the first time was NQF 4 doesn't mean it was the wrong one - it could just mean the job doesn't qualify.

[manci]

Not wanting to start an argument but... people making appeals just so they can keep working under 3C has probably influencd the decision by the Home Office to take away appeal rights.
May be so but that is at policy level and the OP is an individual with a problem probably due to an all too frequent mistake by HR personnel not properly trained in immigration matters.

The appeal form includes a declaration 'I, the appellant, believe the facts stated in this appeal form are true' - I don't see how someone can sign against this if they are openly admitting that the reason they disagree with the decision is just that they want to keep working and that the reason for refusal is correct.
The appeal would be on the basis that the sponsor made a mistake in the CoS but has since assigned a new CoS. The OP would be justified signing the statement of truth if that is the case. The outcome of the appeal is uncertain but under the circumstances the presenting officer may withdraw in the knowledge that the OP could re-apply and have his application granted. The problem is that the OP may not be in a position to re-apply now if only a few days are left before the period allowed for the appeal runs out. As the appeal hearing is likely to be some months in the future if he appeals he will have time to organise the re-application incl. the new CoS (which the sponsor may not be able to assign immediately if they don't have an allocation available).


With regards to reapplying, the sponsor needs to be certain that the SOC they pick is the correct one for the job. Just because the one that used the first time was NQF 4 doesn't mean it was the wrong one - it could just mean the job doesn't qualify.
of course

[prashu7]

Hello Manci,

I am under a similar situation and has no idea what are the next steps I hope you could help me.

My company took sponsorship licence in July first week in order to provide me CoS.

My current leave expired on July 18th and I applied Tier 2 on July 10th. HR has provided me with the Sponsor licence number instead of COS and I am completely unaware of this. I asked for CoS and she gave me this number saying this is CoS. On 6th of August I happened to see one of my friend's certificate of sponsorship and went back to my HR to confirm if she provided the right number. She then realised her mistake and Assigned a CoS. I have posted this with a hand written letter to UKVI explaining the situation.

But on 8th of August we received refusal letter. Which mean even before they received my CoS my application was refused.
What can I do now? appeal re apply? Can I re apply from with in the country as y current leave has expired?

[manci]

@prashu7
what was the reason given for the refusal?

[prashu7]

No Valid Certificate of Sponsorship was the reason specified. Which is obvious because we provided Licence number instead of CoS

[manci]

Hello Manci,

I am under a similar situation and has no idea what are the next steps I hope you could help me.

My company took sponsorship licence in July first week in order to provide me CoS.

My current leave expired on July 18th and I applied Tier 2 on July 10th. HR has provided me with the Sponsor licence number instead of COS and I am completely unaware of this. I asked for CoS and she gave me this number saying this is CoS. On 6th of August I happened to see one of my friend's certificate of sponsorship and went back to my HR to confirm if she provided the right number. She then realised her mistake and Assigned a CoS. I have posted this with a hand written letter to UKVI explaining the situation.

But on 8th of August we received refusal letter. Which mean even before they received my CoS my application was refused.
What can I do now? appeal re apply? Can I re apply from with in the country as y current leave has expired?
read the whole of this thread (above).
you can re-apply in-country within 28 days of the date of refusal with a new CoS but double check the application, especially SOC code and salary, because you won't get a right of appeal if it is also refused. If you re-apply use the premium or priority postal service because unless you appeal you can only resume work once your new leave has been granted - and get the company to pay the visa fee.

[manci]

Not wanting to start an argument but... people making appeals just so they can keep working under 3C has probably influencd the decision by the Home Office to take away appeal rights.
May be so but that is at policy level and the OP is an individual with a problem probably due to an all too frequent mistake by HR personnel not properly trained in immigration matters.

The appeal form includes a declaration 'I, the appellant, believe the facts stated in this appeal form are true' - I don't see how someone can sign against this if they are openly admitting that the reason they disagree with the decision is just that they want to keep working and that the reason for refusal is correct.
The appeal would be on the basis that the sponsor made a mistake in the CoS but has since assigned a new CoS. The OP would be justified signing the statement of truth if that is the case. The outcome of the appeal is uncertain but under the circumstances the presenting officer may withdraw in the knowledge that the OP could re-apply and have his application granted.

The problem is that the OP may not be in a position to re-apply now if only a few days are left before the period allowed for the appeal runs out. As the appeal hearing is likely to be some months in the future if he appeals he will have time to organise the re-application incl. the new CoS (which the sponsor may not be able to assign immediately if they don't have an allocation available).
[/b]

The story of "rachelsaver" is interesting and relevant in this context:
http://www.immigrationboards.com/uk-tie ... 38808.html

With regards to reapplying, the sponsor needs to be certain that the SOC they pick is the correct one for the job. Just because the one that used the first time was NQF 4 doesn't mean it was the wrong one - it could just mean the job doesn't qualify.
of course

[nikita10]

Just got the news that my visa has been approved. Thanks for the support and quick answers. It really helped. For everyone's reference, here is the timeline:

7th August - I applied for a priorty application
11th August - Application received and processed by HO
13th August - Biometric
19th August - Visa approval letter received (letter is dated 15th August)

[manci]

@nikita10
It would be helpful if you described what process led to the granting the leave: appeal/re-application/reconsideration

[dan883]

Just got the news that my visa has been approved. Thanks for the support and quick answers. It really helped. For everyone's reference, here is the timeline:

7th August - I applied for a priorty application
11th August - Application received and processed by HO
13th August - Biometric
19th August - Visa approval letter received (letter is dated 15th August)

Hi nikita
Please let us know what process did you went through to get the visa

Thank you in advance.

[Deepee]

Hi everyone, I will like to share some news and light regarding the tier2 general visa refusal from my experience. This may help save money on solicitors as there is nothing special they do.


I applied to switch from post study work visa which expired on the 17th of May 2014 to a tier 2 sponsored visa for 3years. Every thing went well with the application. About 2 weeks after I received a letter from the home office staying that the fee I paid was incorrect. I showed it to my employer who called them and they adviced the same that we should pay an extra 400pounds. Which we did. Little did we know that it was the beginning of our problems. On July 1st 2014. I received a letter staying that my visa was refused and that I should leave the country. reason for refusal:inappropriate salary. Apparently my office had assigned the COS for four years and even if i applied for 3years was classed as an experienced worker. Distraught I sought help from HR in my office who clarified the same from the home office. Having over stayed at this time. I slough help from a solicitor who listened to the case he felt sorry that we had wasted all the money and still a refusal. Long story short on the 2nd of September 2014. I received an email,that my visa was in. Here is what we did. We applied for urgent COS to be issued

Solicitor adviced that I re-applied first before appeal so as to protect my working rights so I applied for a new one within the 28days of overstaying and then I appealed against decision to protect rights to work. Sometime in August we received an email from a caseworker in the home office advising that a decision was about to be made on the new visa application and that if we still wanted to proceed with the appeal. We said no that we have withdrawn appeal (which we did shortly before replying email by fax) and that we wanted new application considered. About 3 weeks later we received visa. If we knew it was that simple we wouldn't have wasted over 2000pounds on lawyer who did nothing really major. So in future at least I know what to do. This may help someone say money. Thanks

[nikita10]

@nikita10
It would be helpful if you described what process led to the granting the leave: appeal/re-application/reconsideration

Sorry I just saw this post. Please find the details below:
[*] There was a mistake in the CoS which was the prime reason of the refusal
[*] The case worker simply followed rules hence an appeal or a reconsideration request wouldn't have helped. We made an re-application. I know people appeal against the refusals regardless of the mistkae on their side in order to keep on working. But this can jeoprodize your re-application process
[*] HR issued a new CoS with correct details and a letter of apology to HO which was submitted with the new application
[*] A priority application was made and I got the decision with new visa within 10 working days

The only extra document we submitted with the re-application was the letter of apology from the HR on company's letter head. It is not necessary but definitely aids your application.

[kobrakai]

Hi guys,

First timer - similar case. I'm sure guru like manci deals with this case many times and still happy to help.
I've just received my refusal of tier 2 extension to say that it is inapproriate salary against SOC2010. We found out the job code selected under the CoS has got higher salary from the salary i'm on now. My visa expired on 14th Jan. The date of the refusal letter is 19th Jan, although the letter only came through the post last night. My employer isn't trained in hiring non-EEU so they need my guidance. As it stands, no more allocation of CoS is available on the SMS to be re-created with the correct job code, description and salary that is close to my real job. So according to what i've read from this thread, the move at the moment is to get them to assign a new CoS, me re-applying, and at the same time seek for an initial legal advice from immigration barristers whether or not we're gonna go down the appeal route.

If I was to re-apply, I'm thinking I should select up to 3 years rather than my refused application of over 3 years. This is because I may not be able to afford the same cost of over 3 years application.
On top of that, should my re-app in premium service? (also doubting the extra cost and the next availability appointment because time is against me). Also, the company isnt paying my visa. They only pay for allocating a CoS.

How immediate is allocating and assigning a new CoS as well as sending my re-app? At the moment, I still go to work as per normal.
I'm really trying to look for solutions from as many different sources as I can find. I will also find some financial help from friends and family.


Please could I ask for your kind advice what would be my wise move? Many Thanks

[nikita10]

Hi guys,

First timer - similar case. I'm sure guru like manci deals with this case many times and still happy to help.
I've just received my refusal of tier 2 extension to say that it is inapproriate salary against SOC2010. We found out the job code selected under the CoS has got higher salary from the salary i'm on now. My visa expired on 14th Jan. The date of the refusal letter is 19th Jan, although the letter only came through the post last night. My employer isn't trained in hiring non-EEU so they need my guidance. As it stands, no more allocation of CoS is available on the SMS to be re-created with the correct job code, description and salary that is close to my real job. So according to what i've read from this thread, the move at the moment is to get them to assign a new CoS, me re-applying, and at the same time seek for an initial legal advice from immigration barristers whether or not we're gonna go down the appeal route.

If I was to re-apply, I'm thinking I should select up to 3 years rather than my refused application of over 3 years. This is because I may not be able to afford the same cost of over 3 years application.
On top of that, should my re-app in premium service? (also doubting the extra cost and the next availability appointment because time is against me). Also, the company isnt paying my visa. They only pay for allocating a CoS.

How immediate is allocating and assigning a new CoS as well as sending my re-app? At the moment, I still go to work as per normal.
I'm really trying to look for solutions from as many different sources as I can find. I will also find some financial help from friends and family.


Please could I ask for your kind advice what would be my wise move? Many Thanks

First of all things, please stop going to work as you're not entiltled to work anymore and ask your HR to provide you with a suspension without pay letter to cover your back. Your stay in UK upto 28 days (grace period) from the visa expiry date is disregarded. Generating a CoS is an employer responsibility and your visa application was clearly refused because of a mistake made by them. If HR is not capable to handle "immigration" and don't know what they're doing, then they shouldn't really take charge of this in first place. They should hire a professional consultant who deals with such matters. You can politely ask them to for compensation later once you've the new visa.

You've to get a new CoS asap. Going for a three years extension is better as the minimum salary requirement is less than the one required in more than three years application. Either way, you've to make sure you've the correct SOC code, salary, matching job title, job description and weekly working hours on the CoS. Try to make your HR write an official letter for HO explaining that they made a mistake. This will go with your application and it may make a positive difference. You should use the priority postal service for your application as that expedites the whole process (10 working days) and reduces your non-working time period. It is advised not to use the premium "appointment service" due to the nature of your application.

You may get advise about appealing against this decision in order to keep working but that is bonkers and can affect your new application decision . Appeal is absolutely rubbish as the case worker made the right decision.

I'm not sure if you're converting from PSW to Tier 2. If that's the case then you can still use your RLMT exemption in the new application. You should be fine.

Take care
-N

[nikita10]

kobrakai: Sorry I forgot to add, your grace period is automatically extended once you apply for new application. So need not to worry about that either. But please make sure you don't goto work until you've a decision from HO.

[manci]

have you been given the right to appeal?

[kobrakai]

yes i have the right to appeal under the grounds listed but none apply to me.
also, it doesnt say anywhere on the letter that im not allowed to work and the 28 days grace period..
im extending tier 2 - from my previous tier 2 application that was granted for 1 year and 14 days

[kobrakai]

we now have decided to re-apply however we are requesting allocation of CoS and just heard that it will take them 8 weeks!
we are not really sure what to do now! please help!