Tier 2 General visa refused incorrect gross salary

[leoo2107]

Hi Guys

I need your urgent assistance. My Tier2 general Extenstion VISA got refused last thursday(26/06) because of my pay scale. My HR forgot to mention my bonus. My company have raised my pay scale and have requested new allocation last friday and my VISA expire this month June 17th. What can i do now?

- i cannot go for administrative review because of my HR mistake.
- Does my VISA allow me to keep working as we are expecting an allocation?and while re-apply can i keep letter from my HR stating the delay in allocation?
- Or is it possible to apply for extenstion without COS along with my passport & biometrics and ask them to hold until i get my allocation?
- from the date of my VISA expiry how many days am i allowed to stay here legally?
- ALso how long will it take for an allocation to receive in an emergency

Also from HR point of view:

- on my previous COS they have mentioned my working hours are 40 but after payrise they have reduced my hours to 37.5,if i get my allocation in meantime is it worth mentioning 37.5 hrs or 40 hrs?
- Also if my allocation comes after my visa expires 17/06/2016 what dates should my HR need to enter?

Waiting to read from you.

Lakshmi.

[iworker]

you can do nothing about rejection as it is fault on your side (company) and not ukvi.
you can continue to work if you still have visa left.
apply again with new cos number
salary and hours should be inserted by employer and what is correct information.

[leoo2107]

Thank you. But my VISA expire on June 17th (in 2 weeks) time, Is it possible for me to apply without COS and with a letter to hold my application until i send them cos, and letter from my HR aswell?

[naval1234]

Hi Leoo,

You can ask your HR to call the UKVI helpline number for employers ( cant remember what the phone number is, your hr would know it or search online). Your HR can tell them how urgent it is as your visa expires in two weeks. Their policy is unless the matter is not urgent they wont expedite any issue. But in your case since its urgent they will issue a COS. Its important that your HR makes it clear how urgent it is. I'm sure they will issue cos in matter of hours or a day or two max.

Also put the latest info about your job like working hours etc on the new cos that comes through. You should be fine don't panic too much. I went through a similar situation.

[leoo2107]

Hi Naval,

thank you very much for your reply. But my HR is chasing everyday. sent email to businesshelpdesk, but they are not very helpful. Homeoffice said there is no point in calling everyday because the actual allocation time is 18 weeks (God help me). And I called solicitors they said they cannot help without COS.And I asked solicitor if i can re-apply by post without COS because I dont want to be seen as overstay in future, along with the application if i can attach letter stating to hold my application until get my COS? they said its 50/50 chance depends on case worker. Also I went on premium service on my first extension and they have my bio metrics.

Do you think if anyone have done this and what is the chances of case worker holding my case on request.

[manci]

- i cannot go for administrative review because of my HR mistake..

In the refusal letter have they not given you the right to apply for AR?

Most of your questions have been answered by others.

Has HR emailed UKVI asking for urgent treatment of the CoS allocation request on the basis that your leave expires on 17 June?

If you are not allowed to request AR and your visa expires you can stay in the UK for 28 days after the visa expiry date but you will not be allowed to work. Overstaying by not more than 28 days will not affect your re-application if you make it during this "grace period" . Hopefully the allocation will come through and the CoS will be assigned during this period.

The UKVI service standard for processing unrestricted CoS allocation requests is 18 weeks but in practice they usually come through in 2-4 weeks.

[leoo2107]

Hi Manci

Yes they have asked to go for administrative review but I felt that salary mistake is by my HR, is that scenario on what basis i can go for administrative review?

Many THanks
Lakshmi.

[manci]

Requesting AR (within the time limit allowed) will gain you time as your leave is automatically extended under section 3C while the AR is pending. If your sponsor will be able to assign the CoS and you make a fresh application in the meantime the AR is automatically withdrawn.
https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

[leoo2107]

Hi manci

I thought the purpose of AR is to point out if homeoffice have made an error. But in my case my HR made a mistake - please advise
Is it advisable to go for a fresh application without cos and with a letter from me and HR stating that we are waiting on cos and to hold my application in the meanwhile?? - Please advise

[leoo2107]

Also the reason I could go for AR is below :

- there is no proper explanation for tier 2 g extension in policy guidance
- Also my payslip and my bank statements reflect my pay with bonus and it's a human error not to mention my bonus.

[cceaski12]

Something similar happened to me.
In my case it was just an incorrect salary.
I had to make a fresh second application with a new COS unfortunately.
I added a letter explaining the situation and had my employer put a note to explain when creating the new COS. Then I sent my P60 for the last year just to remove any doubts basically
(I was lucky the employer still had a COS remaining)

The funny thing in my case was that my new application was refused again. Reason was it was submitted after my last BRP had expired (still within 28days though). No option of appealing

I made a third application with the second COS and then they rejected the third application (claiming it was invalid & refunded my fee) and re-opened the 2nd Application which was then granted.

Strange

[leoo2107]

oh wow.. these people are awful.

My HR is chasing everyday but they are not responding at all.

went to solicitors and they suggested to go for FLRO which i am going to go for worst case

[leoo2107]

Hi Guys

Got my COS on tuesday and went on premium service today and I have my VISA for 3 years.

Thank you for all your response and help.

[hasfa.yasir]

Congratulations for the visa leoo2107. I am going to apply for my visa extension beginning of July. wondering how quickly can you get a premium appointment? thanks