Tier 2 queries - Help please

[Kaz72]

Hi,
I need your help and advice please.
1) What if the administrative review unsuccessful (Tier 2) – can applicant make a fresh application with a new COS?
2) Is it 28 days to re-apply from the date of the original refusal OR 28 days after the outcome of AR?
3) Anyone switched from Tier 1 (G) to Tier 2 (G) – instead to apply for ILR?
Many thanks

[manci]

1 and 2
Assuming you are in the UK and your original leave already expired you can make a fresh application with a new unrestricted CoS within 28 days of the AR decision but you are not allowed to work until the fresh application is granted.

[Kaz72]

Hi everyone,

I would love any of you advice please.

I applied for Tier 2 (General) visa on 06 March 2016. I have paid £428 application fee. I believe this is a correct amount (before 18 March when a new fee and the changes are introduced) for someone applying under Tier 2 (G) visa category AND if the job is on the Shortage Occupation List (up to 3 years).

I received a letter from UKVI today. They have advised to pay £223 more as I have not made the correct payment. Reason of payment – "Underpayment, although SOC code 2133 is listed on the shortage occupation list the job you are undertaking is not listed on there”

I checked the UKVI website and found that if the job is not in shortage occupation list then the fee is £651. The difference is exactly £223 (£651 - £428) as mentioned in a UKVI letter.

I am concerned why they have picked the wrong information and why they haven’t considered my job in the Shortage Occupation List. I have checked the copy of COS which was filled online when my employer applied for a CoS reference number. It was clearly mentioned that the job is on the current shortage occupation list: Yes

Now my questions are:

1) Does my Job title required to be matched exactly with the job title included on the UK Shortage Occupation List OR the job description/criteria needs to be matched - if the title is bit different.
E.g. my job title is IT and Information Manager and HR department has matched my job description with IT product Manager which is ( COS 2133 code – IT specialist manager).

2) on COS my job title is mentioned as IT and Information Manager and even in my online application form. So there is the same information on both location.

I know this is the employer duty to match all this stuff and I believe that my HR department has done this with the consultation of UKVI help when they started the process of COS allocation for me.

I ll be very grateful if Moderator and senior member can able to help please.

Many thanks

Kaz

[Kaz72]

Anyone please?

[Kaz72]

Please any help?

My Job Title is IT and Information Manager; does it make any difference if my Job Tile does not state IT Product Manager even if my job responsibilities are matched with this. How close the title of the Job needs to be to the JOB listed on the SOC or does it need to be exactly whats stated.

[O_Relly]

Am not well-versed with Tier 2 General SOC job codes etc, perhaps other Respected Guru's such as Manci and other moderators may be able to provide a more accurate guidance.

However, reading the letter from UKVI,

"Underpayment, although SOC code 2133 is listed on the shortage occupation list the job you are undertaking is not listed on there”

From that it appears that it is the job title that is the cause of the confusion here.

Suggest to write back to clarify the confusion and also provide a letter from your HR to clarify that the although the title is IT & Information Manager, the job function fulfills the role of a IT Specialist manager.

[Kaz72]

Thanks O_Really

I hope moderators may be able to provide a more accurate guidance.

Many thanks

Syed

[iworker]

if you have soc code of 2133, then it is not a shortage occupation job. You should be thankful that ukvi sent you a request to pay for additional fee and have not refused the visa outright.
There is nothing wrong on ukvi part.
however, what is more concerning is, if your employer performed a rlmt or not as the job is not on sol.
are u applying within uk ?

[Kaz72]

@ iworker - Thank you for your reply.

Yes, I am applying within UK.

I have checked the List of Shortage Occupation List (November 2015). I believe this is the latest one. https://www.gov.uk/government/uploads/s ... r_2015.pdf

Firstly, there is the SOC code (2133) IT product Manager and secondly, the UKVI letter clearly states
"Underpayment, although SOC code 2133 is listed on the shortage occupation list the job you are undertaking is not listed on there”
I know you’re senior member on the forum and you know better than me. I am really appreciating your help.

Can you please give me more detail as you have mentioned that SOC code is not a shortage occupation job?
I am working for this company since 2013 on the same job.
Many thanks

[iworker]

Apologies for not looking at the correct list.

are u applying for extension for same company under same soc code? Was your first cos issued under sol?

Also do u and your company fulfil the following criteria.. is your sponsor a 'qualifying employer'

IT product manager employed by a
qualifying company, where the job
requires a person with a minimum of five
years’ relevant experience and
demonstrable experience of having led a
team.


To be honest, IT product manager and IT and Information manager dont sound similar. have a look at code 2121. the code 2121 is on SOL. however Civil engineers can work in variety of industries.. its only a very limited number of people who can regard their job as on sol, even though the others will have exactly same the title as 'civil engineers' but they wont be considered under sol.

[iworker]

Apologies for not looking at the correct list.

are u applying for extension for same company under same soc code? Was your first cos issued under sol?

Also do u and your company fulfil the following criteria.. is your sponsor a 'qualifying employer'

IT product manager employed by a
qualifying company, where the job
requires a person with a minimum of five
years’ relevant experience and
demonstrable experience of having led a
team.


To be honest, IT product manager and IT and Information manager dont sound similar. have a look at code 2121. the code 2121 is on SOL. however Civil engineers can work in variety of industries.. its only a very limited number of people who can regard their job as on sol, even though the others will have exactly same the title as 'civil engineers' but they wont be considered under sol.

[Kaz72]

@ iworker – Thanks for your help. I am using your post to answer your questions but before I write in full detail - please can you give the answer of the following.

Does it make any difference if my Job Tile does not state IT Product Manager even if my job responsibilities are matched with this. How close the title of the Job needs to be to the JOB listed on the SOC or does it need to be exactly whats stated.

[ravisb_2014]

@kaz72

As per my understanding designation or job title does not matter, Job responsibility matters. You can also wait for iworker for his answer.

[Kaz72]

@Thanks Ravisb

Just waiting from @iworker or any T2 G guru if they are able to advise? As I have a meeting me with my HR department.

[iworker]

There is no one answer to it.
Say if (for example) Doctor is on shortage occupation list. in that case if the title is surgical doctor, it will not have an impact.
However, if the gastroenterology medical specialist is on sol, and the title in cos is medical consultant, then i think it will matter, even though the job descriptions in this case will meet exactly.

If i were you, i wouldnt be too much bothered about extra couple of hundred pounds, as long as i end up getting the visa.. rather than some stupid first rejecting it (even if u were right) and going through appeal process etc, which were to give you so much mental trauma.

Out of curiosity, why did they not use the title exactly the same as mentioned on sol.

[Kaz72]

@ Hello please, please help me answering below questions- Urgent

If the Tier 2 application gets refused and visa would be expired by then. applicant can re-apply in 28 days grace period without being considered overstayed, but
1) What about the right to work (working for same the organisation)?
2) What If someone with-draw his application and re-apply application with new COS,
a. Does he consider as an overstayed
b. does he has the right to work in case of 2.

[geriatrix]

Any stay beyond the expiry of leave is an overstay (illegal stay). Overstay of 28 days or less is "ignored" - this doesn't mean that the overstay is "legal".

1. No permission to stay means no permission to work.
2a. Explained in the very beginning.
2b. As previously answered by manci:

1 and 2
Assuming you are in the UK and your original leave already expired you can make a fresh application with a new unrestricted CoS within 28 days of the AR decision but you are not allowed to work until the fresh application is granted.

No permission to work if the application was made out-of-time (after expiry of leave). No work until the out-of-time application has been approved and BRP received.

And, please keep your queries in a single topic.

[Kaz72]

@ geriatrix - Thanks for your reply

I have noticed that HR department had made a mistake in COS. Now I am thinking to with draw my application (while it is still in processing) and reply with New COS.

Do you think it will break the continuity of my stay in UK?
Do I have right to work in this case.

Please its urgent.

Many thanks

Any stay beyond the expiry of leave is an overstay (illegal stay). Overstay of 28 days or less is "ignored" - this doesn't mean that the overstay is "legal".

1. No permission to stay means no permission to work.
2a. Explained in the very beginning.
2b. As previously answered by manci:
manci wrote:
1 and 2
Assuming you are in the UK and your original leave already expired you can make a fresh application with a new unrestricted CoS within 28 days of the AR decision but you are not allowed to work until the fresh application is granted.
No permission to work if the application was made out-of-time (after expiry of leave). No work until the out-of-time application has been approved and BRP received.

[geriatrix]

1. Yes, if your leave has expired and if you don't apply within 28 days of withdrawing your application.
2. Already answered.

[Kaz72]

Just a quick question please.

My tier 2 visa application is under consideration, which I applied in March 2016. Now I realise a mistake in the CoS issued, that could cause me a rejection of my application.

This makes me to think to vary my application to ILR.

My T1 visa was expired in end of March 2016.
Can I make an application for variation of my leave to remain in the UK while my leave is extended by 3C?

Can I make an application for variation – if I have given a new CoS and re-send a new application for Tier 2 visa?

Please its urgent- your suggestions will be appreciated.

[Kaz72]

@ Admin or Mod

Please, can i ask why my access to inbox has blocked. I wondered what I had done wrong.

Is it UKVI department or just a forum?

[CR001]

We are not UKVI or HO.

You should not have had access to PM function as you are newly registered and only have 14 posts.

Your PM function will be available again once you reach 30 posts. Any nonsense or frivolous posts to increase your post count quickly will be deleted and PM function permanently disabled.

[Kaz72]

@CROO1

I think this is only nonsense or frivolous post that you send it now. I didn't able find any other.

I had got access to PM and that was give by someone from this forum. who did this you need to be rude with him not with me. I used that facility and didnot did anything wrong. I got some important information there. I know this forum might belong to you but their should be some kind of ethics. let me copy that information and block me later on.

[CR001]

Nobody 'gave' you access. Every now and then a new member registers and the filters don't seem to work and they have access to PM. They are all restricted then till 30 posts, you are not being 'targeted'.

The forum does not 'belong' to me, I merely follow the forum rules and implement them. I was not rude but merely stating how it works.

The 30 posts limit before PM comes into force is due to previous abuse by members of the PM privilege. Your PM function will remain disabled until you reach 30 posts.

[Kaz72]

I have applied for T2 G visa - I didn't get any refusal or acceptance letter yet but my Health surcharge refunded i can see the amount in my account.

I am not able to understand why UKVI had refunded my IMM HEALTH SURCHAR even if the decision is pending.

Please suggest someone know about this.