Tier2 General re extension application after 28 days

[jahan83]

I applied for Tier 2 general visa extension at 30th Aug 2016 and My visa extension is refused and asked me to apply for admin review with in 14 days.
Reason for refusal:
According to SOC code 2139 my salary need to be £299000 for 39 hours per week and we wrote on COS total £30500 for 40 hours per week including guaranteed annual company's allowance. According to Home office's calculation I have £162.50 less per year. ( But at same SOC code I did apply the initial application and was successful for 3 year visa with no issue)
What options available now for me as my company is willing to help in all stages. Also my ILR is due in end of Jun 2017 on 10 year long residence base.
Should I apply for review with cover letter from HR that they have mistake in Guaranteed allowances and Guaranteed allowances are £500 more per year then we mentioned in COS.
Did we (HR) done any mistake in COS like Job on or off shortage occupation??
Your advise will be highly appreciated.

[nasmc92]

you have to be really careful when putting experienced salary rate for Tier 2 extension

2139
£29,900 per year based on 39 hrs/week (unfortunately this does not include any guaranteed Bonus)
**Bonus is extra if you get it or not as it has not been made compulsory by HO. so your annual salary should be based on 39hours

what I can see that you have put a sponsor note that your salary is 30,500 for 40 hrs/week
the correct salary based on 40 hrs/week should be 30,666.664

you need to request your employer to issue you a new COS and then mention the appropriate salary for 40 hrs/ week and apply again.

No point for AR for refusal as it is your or HR mistake to calculate the appropriate salary

**If your company has no free COS to allocate you, then can request from HO based on your visa refusal and this does not take 2-3 working days

*** You have no issue with your SOC code, it is just the appropriate salary not mentioned on SOC for experienced rate based on 40 hrs/ week

[jahan83]

Dear nasmc92
Many thanks for really good advise I will follow these can you please also clear to me as well;

1. Do I have to re apply as new tier 2 General visa or tier 2 general extension application?

2. Salary Gross £30,666.664 on New COS is for current at some Salary required updated from Autom 2016(22 Sep 2016) May be I am wrong.

3. Do I need to Do ILETS for English or Bank statement to prove maintenance?

4. Last thing, My and dependants passport and other supporting documents are still with Home office do I need to ask them to send me back?

If you please help me to answer in above question.
Many thanks

[Djsuccess]

Dear nasmc92
Many thanks for really good advise I will follow these can you please also clear to me as well;

1. Do I have to re apply as new tier 2 General visa or tier 2 general extension application?

2. Salary Gross £30,666.664 on New COS is for current at some Salary required updated from Autom 2016(22 Sep 2016) May be I am wrong.

3. Do I need to Do ILETS for English or Bank statement to prove maintenance?

4. Last thing, My and dependants passport and other supporting documents are still with Home office do I need to ask them to send me back?

If you please help me to answer in above question.
Many thanks

1. You are still applying for extension.
2. Your sponsor need to show that you have the right salary for experienced worker for 40 hours since that's your contract hour. whatever that is.
3. You dont need IELTS or bank statement for extension. Your sponsor could also guarentee that in your CoS.
4. UKVI will not return your passports until a final decision is made. I wish you success

[jahan83]

Many thanks Djsuccess for reply, Can you please clear this to me as well;

1. Do I need to wait until AR time out and Home office return my documents ?
2. What start date should we add on New COS ?
3. Do I need to stop work with company during visa application process after new COS?

Looking forward to your kind advise.

[jahan83]

Can someone please advise me on following questions as I have no many days left to submit AR or new COS and extension application.

1. Do I need to wait until AR time out and Home office return my documents ?
2. What start date should we add on New COS ?
3. Do I need to stop work with company during visa application process after new COS?

Many thanks

[jahan83]

Dear nasmc92 / DJ Success
Can you please advise me on this please?
1. Do I need to wait until AR time out and Home office return my documents ?
2. What start date should we add on New COS ?
3. Do I need to stop work with company during visa application process after new COS, If yes on which stage should I stop work for company??
Many thanks

[jahan83]

I am in same situation, Can I get advise on this please.
1. My Tier2 general visa expired 16 sep 2016
2. I received refusal from Date 24 Oct 2016
3. Now I want to re apply extension with new Corrected salary COS starting with new date.
4. I applied for AR with in 14 day to get some time as COS was not ready

My Question is;

Now I want to fill extension application with in 28 day of refusal date but on line application says

" Your application is unlikely to be successful as your visa expired more then 28 days"

1. What should I do for this visa start and end date, as I am in Still AR from first refusal??
2.Can I continue work with same employer after this re application for extension as my initial application was in time and AR in time??

Many thanks

[GMO]

Hi!

I was on the same condition, It was really confusing to fill up the online from 2nd time when ur visa expired.

I had the same Question and form the discussion on this forum i get to know that you have to put the start date as your actual start date of the old visa and end date will be your date of online application submission ( hope it is within the given 14 days by UKVI)

the reason is your £C leave extend automatically in this 14 days and the end date will be the date of application. Thats what i was suggested by one of the expert from this forum.

Good luck.

[jahan83]

Hi GMO
Many thanks for your reply
I did saw your old posts, have you got visa now?
1. As my situation what you think My extension application still valid since refusal at 24th Oct 2016?
2. Online visa end date mean the date for today when I complete online application??
3. Have you wrote a cover letter and what did you mention in that??

Many thanks & Good luck in your visa as well.

[GMO]

Hi GMO
Many thanks for your reply
I did saw your old posts, have you got visa now?
1. As my situation what you think My extension application still valid since refusal at 24th Oct 2016?
2. Online visa end date mean the date for today when I complete online application??
3. Have you wrote a cover letter and what did you mention in that??

Many thanks & Good luck in your visa as well.

Hi! Thanks..

I am still waiting..cause they took 8 weeks for postal application now a days!
You can apply within 28 days of your refusal. When you receive the refusal letter? i submitted within 14 days of AR [period so i put the end date of my application submission date. I think you may do the same! But please double check.

And yes i wrote a cover letter and a letter from my emplyer.

[jahan83]

Hi GMO
Many thanks for your update. We applied for urgent COS with £200 (new system for urgent request) but today received that they can not issue as same time our company owner has changed and HO asked us to apply for new license with 20 days then can issue the new COS. MY AR still in process. I check with one solicitor as well he ask me to apply for new sponsor license.
Now if AR decision come as negative can i still apply for tier2 general extension or will be new application??
Any idea??

[GMO]

Well i am sorry i really don't know about that. As far i know that anybody can re-apply with fresh application within 28 days of refusal.

But if you didn't not go for extension than it won't break your continuity? Please take legal advice asap.

[jahan83]

Thanks for reply GMO

[jahan83]

I am migrant on Tier 2 general visa,. My visa issue history is;

1. My Tier 2 General visa expired at 16th Sep 2016 and apply for extension before expire (In time application)
2. Visa extension refused at 24th OCT 2016 with objection £166 less salary on COS letter.
3. I applied for AR with in 14 days to stay in time and Continue my status under C3.
4. I want to re apply for extension with correct salary required and with new COS as still my AR in process.
5. As Company ownership changed during this time and new owner applied for new license ( and waiting for decision)

what option I have if admin review decision come before new sponsor license or new COS, can i still apply for extension of my visa?
Can I still apply for any visa??
is this will effect my 5 year work visa base ilr??
is tjis will break my 10 year ilr route??
What options I have ??

Please reply.... Many thanks

[jahan83]

Hi All
My Case is;
1. At 11th Sep 2013 Switched from Tier1 PSW to Tier2 General visa
2. At 30th Aug 2016 applied for Tier2 general extension
3. At 16th Sep 2016 Tier 2 General initial visa expired
4. At 28th OCT refusal letter received (Refusal decision date on latter was 24th Oct) and Admin Review right given.
5. At 31st Oct 2016 requested pre applied login details for SMS to allocation / issue new COS by
(Group Finance manager / HR).
6. At 03rd Nov 2016 Our HR requested urgent consideration for login to SMS detail from Business Helpdesk along with my visa refusal attachment.
7. AT 06th Nov 2016 Admin Review applied, which is still in process.
8. At 8th Nov 2016 my sponsor requested for additional COS allocation and paid £200 for urgent consideration.
9. AT 11th Nov 2016 Urgent request for COS refused and Sponsor Casework Operation team asked my sponsor to apply for new license within 20 days to assign new COS and continuing sponsor to me for fresh Tier2 general visa extension application, as my company's ownership changed.
10. At 14th Nov 2016 new application for sponsor license is submitted online and Submission sheet with supporting documents posted.
11. At 24 NOV 2016 Sponsor license (Password) granted.

1. Now as Visa refusal received in post date is over 28 day. Can I still apply for extension same as i did before refusal. As still admin review in process?
2. Do i need to submit English or maintinance??
3. My documents are still with Home office.
4. Can I continue work with company??


Can some one please reply my above 3 questions???

Many thanks

[CR001]

Just so that you are aware, the '28 day grace period' rule changed yesterday. It is now 14 days.

As your visa has expired, I believe you should not be working.

[jahan83]

Just so that you are aware, the '28 day grace period' rule changed yesterday. It is now 14 days.

As your visa has expired, I believe you should not be working.

Many thanks for quick reply and thanks for letting me know about 14 days Grace period but I think I am still under C3 until AR decision received.
Regards

[CR001]

AR likely only to be successful if you think HO made an error.

[jahan83]

I know it may not successful but this extend my previous status under section C3 untill get decision.

[jahan83]

Just let know very one my Tier 2 General visa extension sorted in Premium service yesterday even my passport was with HO.
I applied at 30th Aug 2016
My visa was refuse at 24th oct due to les salary
At same time company ownership was changed
Do not have access to SMS to request COS
I did applied for AR to push time
Company requested urgent COS with £200 with old owner log in, which was refused and asked us to re apply for new license at 20th Nov. License granted with in 10 days.
T 30th Nov revived AR with negative and asked us to stop work and leave
Same time we requested again for urgent COS with £200 which granted in 1 hour at 1st of Dec. With updated salary new COS issued.
I applied online extension application at 1st Dec 2016 and book premium service appointment for 6th of Dec 2016 and stopped work till decision.
At 6th of Dec 2016 two year visa granted and asked for passport they will post me by recorded delivery.
I had very critical situation but its good hope for other who are suffering in same situation.
Good luck to all:)

[GMO]

Hey congrats and thank for let us know .. you are lucky .

[jahan83]

Thanks GMO, I used same start date of visa and end date for application date and no issue.
Just wondering about start of work can i start work soon I got visa before start date on COS ( as COS work start date is 20th Dec) as my same job with same employer??

[GMO]

Thanks GMO, I used same start date of visa and end date for application date and no issue.
Just wondering about start of work can i start work soon I got visa before start date on COS ( as COS work start date is 20th Dec) as my same job with same employer??

I think you should start work from the start date mention on your COS. Or the date stated on the BRP card...It might not be a big issue.

your case is very inspiring. Can you please mention how much salary was increased after refusal?

[jahan83]

We increased £300 in Gross as this was less typed in first place and HO calculation was only less £166.66.
Do I need to re employment contract or just off the work in pay slip as I stopped work for about a week??
Thanks