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TIER 2 (GENERAL) EXTENSION REFUSED

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

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

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Fnm
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TIER 2 (GENERAL) EXTENSION REFUSED

Post by Fnm » Fri Jul 31, 2015 1:02 am

Dear experts / gurus,

I need your help, am in a panic mode. I am currently on a tier 2 general expiring in september 2015. My employer extended my contract by one more year, that is, to extend my stay under Tier 2 General leave to remain up to 3 years under the same role to 31 Aug 2016. This role was acquired soon after my studies in the UK, hence switched from Tier 4 to Tier 2 in August 2013. To cut the long story short, I applied for the one year extension in June with the assurance from my reputable employer that the salary was appropriate mantained at "new entrant" level. However, the leave to remain was refused on the basis of inappropriate salary despite the application to stay for less than 3 years and 1 month on the same role with the same employer. (I am now over 26 years).

I called home office Points Based System enquiries team on two different occassions and both advisors stated that the rate to be applied for my situation should be the "new entrant" rate until I utilise my 3 years maximum stay. My employer's HR partner insists that the salary they are offering is appropriate for up to 3 years stay. I have been given the option to apply for an administrative review, can someone please advise if there surely could have been a mistake in the decision made or my HR partner and the home office PBS enquiries team are misguiding me.
Someone please help with valuable advise :?:

geriatrix
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Re: TIER 2 (GENERAL) EXTENSION REFUSED

Post by geriatrix » Sat Aug 01, 2015 5:52 am

I believe the decision is in accordance with the immigration rules.

See 14(d) of Appendix J, which states:
(d) Where both "new entrant" and "experienced worker" rates are stated in Tables 1 to 5, the "new entrant" rate will only apply if:
(i) the applicant:
  • (1) is applying as a Tier 2 (General) Migrant and scores points from the Post-Study Work provisions of Appendix A,
    (2) is applying as a Tier 2 (General) Migrant and scores points from the Resident Labour Market Test provisions of Appendix A, on the basis that his Sponsor has carried out a university milkround,
    (3) is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category, or (4) was under the age of 26 on the date the application was made;
and
(ii) the applicant is applying for entry clearance or leave to remain (not for indefinite leave to remain);
and
(iii) the applicant is not applying for a grant of leave that would extend his total stay in Tier 2 and/or as a Work Permit Holder beyond 3 years and 1 month.

The "experienced worker" rate will apply in all other cases.
Neither do you meet 14(d)(i)(1) nor 14(d)(i)(2) today. And if you were over 26 when this application was made, then you do not satisfy 14(d)(i)(3)as well.
You could have fulfilled (1) and (2) from the above only when you switched from Tier 4 in 2013.

Logically too, you cannot expect someone with 2 years of post-study work experience to be a "new entrant" to the labour market!
Life isn't fair, but you can be!

Fnm
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Posts: 10
Joined: Thu Jul 30, 2015 11:44 pm

Re: TIER 2 (GENERAL) EXTENSION REFUSED

Post by Fnm » Wed Aug 05, 2015 12:58 am

Thank you for the reply Sushdmehta. I still applied for the administrative review as that was the only option I was given, will try and post the outcome as soon as I hear from UKVI.

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