Tier 2 General visa refused

[ragavanboova]

Your certificate of Sponsorship states that your prospective employment most closely corresponds to accupation code 2121 on the Code of Practice (which are also specified under Appendix J of the Immigration Rules)

From 6th April 2013, a new policy on rates of pay for 'new entrants' and experienced workers within the Codes of practice was introduced'

The minimum acceptable rate of pay for a 39 hour working week for your prospective employment is £22,800 per annum, as stated on occupation code 2121 under the new entrant appropriate salary rate.

Your Certificate of Sponsorship states would be £25,000 per annum for a 45 hour week which equates to £21,666.67 per annum for a 39 hour week.
As your prospective salary is not at or above the minimum rate as specified in the Codes of Practice (SOC 2010) under the new entrant worker level and you do not meet any exemptions as specified in Appendix A of the Immigration rules, We do not consider it to be at the appropriate rate for the job.

We have therefore been unable to award points for Appropriate Salary.

The Secretary of State is therefore not satisfied that you have met the requirement to be awarded a minimum of 50 points under Appendix A of the Immigration Rules.

Now I have received administrative review letter on 18th Feb 2016 and given 14 days to apply for AR, but currently my company HR is not availabe she come back to office on 29th Feb 2016.

Can anyone please give me quick answer, I'm running out of time.

Refusal letter date 15 Feb 2016
Received 18th Feb 2016.
Please advise how to deal this matter , please reply its very urgent

[manci]

get new CoS with appropriate salary and re-apply asap

[ragavanboova]

Hi Manci,

Thank you very much

[ragavanboova]

Hi Manic,

Today I have recieved call from my HR and she advised me to apply for admin review because she have sopken to UKVI regarding the application refusal and appropriate salary. The UKVI advised to HR the ''application apply for admin review'' because there is no guidance and it does not stipulate that the car allowance won’t be accepted as part of the minimum acceptable rate. if I add car allowance £5000 the overall salary will be £30,000 for a 45hours per week.

please give me advise regarding this and whether the application will be successful? if i go through our HR advise

[manci]

see para 23 in Appendix A of the Immigration Rules re. allowances:
https://www.gov.uk/guidance/immigration ... attributes

Do you have a guaranteed car allowance and, if so, was it included in the CoS and did the caseworker therefore made an error in omitting to consider it?

Regarding administrative reviews read para AR 2.4:
https://www.gov.uk/guidance/immigration ... ive-review

[ragavanboova]

Hi Manic,
Thank you for your kind reply,

For your convenience i have attached my COS, and Tier 2 application,
Please help I could not able to attach JPG file

[ragavanboova]

I could not able to attach my file,

In my Tier 2 visa application:
1) What is your annual salary in GBP: I entered ''£25,000''
2) Do you receive any allowance as part of your employment package?: I entered ''Yes''
3) What are these allowance:I entered '' Car allowance £5000''

In my COS:
1) Gross salary including any allowance and guaranteed bonuses; HR entered '' 25,000''
2) Gross allowance and guaranteed bonus included in the above figure: HR entered ''5000''
3) Summary of allowance and guaranteed bonuses:HR entered ''Car allowance''

from the above analysis Home Office ommitted to add basic salary and car allowance (£25,000+£5000=£30,00) and it does not stipulate that the car allowance won’t be accepted as part of the minimum acceptable rate. For your information please go through my application I have clearly specified Car allowance of £5000 as part of my employment package and also in COS the sponsor have declared Car allowance.

Then my salary should be £25,000 (basic salary) + £5000 (Car allowance) = £30,000 that should be more than expected rate of £22, 800.
With reference to published Tier 2 Point Based System-Policy Guidance paras 85 & 86 (Pg. no.25) the Home Office have to consider the car allowance of £5000 as part of my guaranteed salary package which I have specified; stated in my application.
Therefore, my prospective salary would be £30,000 per annum for a 45 hour work which equates to £26,000 per annum for a 39 hour week. So, my prospective salary met the requirement to be awarded a minimum of 50 points under Appendix A of the Immigration Rules.
I can’t see anywhere in the guidance which states that car allowance would not accept that as part of salary package, Home office calculating based on basic salary when they should be doing based on car allowance as well.
At the end of the day the gross salary amount pay to tax that deniable and it should be added on. For your information I should pay tax from annual salary package of £30,000.
On the whole, with reference to my application and also published Tier 2 Policy Guidance paras 85 & 86 the Car allowance should be considered as part of my guaranteed salary package.

From the above my HR spoke to HO employer helpline and HO have advised to HR the applicant can submit for admin review to above statement. My HR also advised to submitted for admin review and submitted my admin review (25 Feb 2016).

Please advise to above statement and ''' I am in doubt whether I will get positive or negative outcome''

Is there any chances to get positive outcome.

Thank you

[Frontier Mole]

Salary information on a CoS
26.10 When you assign a CoS to a migrant, you must give three pieces of information about the salary package:
a) First you must give the gross salary figure which must represent the total amount paid to the worker, gross of any tax paid (whether paid in the UK or overseas) and must include any permitted allowances and guaranteed bonuses.
b) Second, you must give a separate figure for the total of all allowances and guaranteed bonuses.
c) Finally,you must give a detailed breakdown of each allowance and each guaranteed bonus showing their value.
---------
If your COS does not specifically meet the requirements above an AR is a waste of time. Better to get a new COS and apply again.

[ragavanboova]

Hi Frontier,
Thank you for your kind reply,

My HR manger advised to apply AR, because she stated that '' we have start the process again from the first also the additional cost for assigning New COS'',, Our HR manager have spoken to HO regarding the application refusal,the HO advised to HR if the applicant specified car allowance in his application he can apply for AR no need an appeal process there will be chances for reconsidering the application, also HR spoke to me and confirmed ''whether you specified car allowance £5000 in the application' then I said 'Yes' afterwards the HR advised to apply for AR.

I am not sure the employer interested to assign new CoS.

Thank you

[manci]

The reason for the refusal was that HR assigned your CoS incorrectly. I wouldn't trust them to give you immigration advice. The chances of an AR succeeding are near zero even if you submitted a letter from HR admitting that they made a mistake.

As to starting the process again, If the company has a CoS allocation available it would take less than ½ hour to assign a new CoS to you - cost £184.

You may consider asking HR to refund the fee you paid for your failed application and if no joy escalate the matter to management.

[ragavanboova]

Hi Manic

Thank you for your reply,

HO allocated only 8 COS to our employer, I have used 1, I am not sure about the remaining COS available or not, How long it takes to request new COS allocation and for approval.

Hope safest course of action is I have to submit fresh application with new COS.

Thank you

[manci]

Check first if they ha any allocation remaining for 2015/16. If not, it may take up to 2 weeks to get one.

[ragavanboova]

Hi manic

thank you for your reply

[naval1234]

Hi Raghav,

It might be slightly different but I'm going through the same thing. My Visa was rejected and now my HR ran out of COS. They have applied for a new one using SMS process. Hopefully they (UKBA)will give it to me soon.

I've been going through forums and threads and found out like manci said that it takes 2 -3 weeks.

However if its urgent like if you have just 2-3 weeks left before your current visa expires then you should get your HR to call them at employee helpline number or an email address. See below for the details. But they might ask you for a good genuine reason as to why if your visa is not expiring soon, You might have to come up with something.They can then fast forward your application and you'll get the COS quickly, maybe in 2 days or less. I'm going to do the same thing on Monday.

Keep us posted about your situation and I will do the same. Hope this was helpful.

[naval1234]

forgot to post the contact details

here they are

email: SponsorshipPBSenquiries@ukba.gsi.gov.uk

Telephone: 0300 123 4699

[ragavanboova]

Hi Naval,

Thank you for your kind reply,

For your information my Tier 4 (General) visa has expired on 28th Jan 2016, I have made Tier 2 application on 20th January 2016. On 26th Feb 2016 I made admin review and waiting for home office out come, once the outcome is negative then I will talk to my HR to assign a new COS,

Keep posted and same

[naval1234]

Hi Raghav,

Just to be on the safe side, ask your HR if they have an extra COS with them or not.

If they do not, it might be a good idea to apply for one more right away just to be on the safe side.

They dont have to assign it to you straight away but as soon as the admin review comes out negative you can apply for the visa asap.

Thats just my suggestion but its up to you.

[ragavanboova]

Hi Naval,
Thank you for your kind reply.

Yes, Tomorrow I will talk to my HR about remaining COS

[ragavanboova]

Hi Manic,

I have submitted my admin review through online on 25th Feb and when I could expect the decision (Usually they will reply 28 days) and my question is Today I received call from my HR, HR agreed to issue new COS with appropriate salary on monday ie (14th March 2015) My visa already expired on 28th Jan 2016. In case if I receive admin review refusal letter on Monday I will become over-stayer how to deal with this
2) question 2: while applying Tier 2 application via online '' what is your last grant leave'' if i enter 28th Jan 2016 it shows like this'' Your application unlikely sucessfull becuase you has been stayed more than 28 days'' how to deal this and is there any other link is available for tier 2 application.

Please help it would be grateful ... anyone please

[ragavanboova]

Hi Naval,

Have you got new CoS any updates regarding your application

[ragavanboova]

Hi Guys,

Finally got BRP which I was made application ''Out Of Time'' Tier 2 application witin 28days grace period or becoming overtay.

My time line:

My Tier 4 Visa expired on 28/01/2016 but I made ''In-time application'' on 20/01/2016, unfortunately application was refused on 15/02/2016 due to inappropriate salary in CoS. afterwards I applied for admin review on 25/02/16 I realized that Admin review would be unsuccessful therefore I asked HR to issue New COS with appropriate salary. I made fresh application (Tier 2) on 15/03/2016 before serving the Admin review (28 days) therefore the admin review is withdrawn once I make fresh application.

After making fresh application I used first application IHS ref number for second application but HO refunded IHS fees to my account. Then HO sent letter to pay IHS fee again and including to submit appropriate photograph.

Finally got visa on 13/04/2016 and BRP in special delivery

This forum helped me a lot.

Thank you for everyone for their response and advice