Post
by hermosa » Fri Feb 20, 2015 10:24 am
Hi,
I would like some help urgently.
I applied to switch from tier 4 to tier 2 on the 21st of January. My tier 4 visa expired on the 23rd of jan. I just received a letter saying my application was refused due to inappropriate salary because my CoS states that my prospective employment most closely corresponds to SOC 2110. It also says that my passport has been retained and a decision to remove me from the UK has also been made. My current BRP which expired on the 23rd has been destroyed as it is invalid.
Turns out my employer put the wrong SOC code even though there is an SOC that directly matches my application. However that is because the home office worker who advised him only provided limited information on the codes. The letter also says I have the right to appeal under the stated grounds which would mean the home office made the mistake. However since it was my employer who put the wrong SOC code, then I don't really have grounds for an appeal. Nonetheless, I have read in other forums where people in similar cases appealed to allow them remain in the UK while they got a new CoS assigned, then withdrew the appeal and reapplied.
I have a number of questions:
1-even if I appeal, in the hopes of reapplying with a new CoS, how can I do that as my current leave has expired, the BRP has been destroyed and I do not have my passports because they retained it and didn't say how to get it
2-Since my current leave has expired, will I be able to reapply from within the UK, since they have said a decision to remove me from the UK has been made
3-If I can reapply within the UK, within the 28 day period, will I be classed as an overstayer and if so what will be the implications of this
4- Alternatively what if my employer was willing to increase my salary to the appropriate level for the 'incorrect' SOC code, what can I do. ie -Will I need to reapply, if my employer informs the HO of this, that in error they put the wrong SOC but is willing to
increase my salary appropriately, therefore meaning I meet the requirements
- If I do need to reapply, can I use the existing CoS and RLMT for which the CoS was attained, as they are still valid,
- will a sponsor's note added saying that my salary will actually be the appropriate salary as opposed to the one initially
put on the CoS suffice with a Cover letter explaining this or saying they erroniously put the wrong salary
FINALLY, in the reapplication what migrant category do I put ie initially it was switching from tier 4 to tier 2, as my tier 4 visa had not yet expired, so in this reapplication, what would it then be. My employer was asking the same question because in creating a new CoS so this then isnt a reason for them to refuse the application.
Please get back to me ASAP, I greatly appreciate the help. Thanks in advance