HELP ---Tier 2 refusal

[pilot10]

Hi,

I really need advice with my situation. I received a refusal letter today (dated 30 Nov 2016) for my Tier 2 application. The reason for the refusal is for not meeting appropriate salary. I am a new entrant as I just joined my company after graduating this year. However, the UKVI classified me as experienced worker which I think is wrong.

So after reading the SOC again, I realised that they may have made their decision because I applied for 5 years Tier 2 application as stated on my COS. It says on Appendix J that "new entrant" rate will apply if 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. This is what I think may be the reason for the refusal. Please let me know if you think of any other reason.

I am asked to apply for administrative review in 14 calender days and deadline for this is on the 14th- December. I do not want to apply for this as i think they will refuse it.

After reading advice on this forum, I want to apply before 14th - Dec and definitely use priority service.

My question:

1. Should my company to email/call UKVI to address this problem without making application?

2. For new COS, is it possible to use the same start date I used for my refused application?

3. For priority service, What do I need to take with me to UKVI office after I have booked my appointment? and Do I need to make payment for Health surcharge again?

Please could you advice as soon as possible.

[eduleal]

1. Should my company to email/call UKVI to address this problem without making application?

No - they would need to submit a fresh application for 3 years.

2. For new COS, is it possible to use the same start date I used for my refused application?

Yes, it is possible to choose any date in the future.

3. For priority service, What do I need to take with me to UKVI office after I have booked my appointment? and Do I need to make payment for Health surcharge again?

The list of documents will be provided once you apply online. Yes, you need to pay for it again, however you might be able to request a refund for your first application.

[pilot10]

1. Should my company to email/call UKVI to address this problem without making application?

No - they would need to submit a fresh application for 3 years.

2. For new COS, is it possible to use the same start date I used for my refused application?

Yes, it is possible to choose any date in the future.

3. For priority service, What do I need to take with me to UKVI office after I have booked my appointment? and Do I need to make payment for Health surcharge again?

The list of documents will be provided once you apply online. Yes, you need to pay for it again, however you might be able to request a refund for your first application.

Hi eduleal,

Thank you for your reply. So you are in agreement that they may have put under experienced worker because I applied for 5 years.

I know i said that I wont apply for administrative review. Do you think that If I put this reason on administrative they will reconsider their decision?

[pilot10]

Hi

I want to re applying for refused tier 2 application (documents still with UKVI).

Should I provide the same information I used for refused application regarding BRP, PASSPORT and other new CoS information?

For BRP, what expiry date should I provide as my old one was on the 10/10/16?

For passport, do I say that I have my passport?

Please advice? as my deadline is on the 14/12/16.

[CR001]

Topics merged (click)

[eduleal]

Thank you for your reply. So you are in agreement that they may have put under experienced worker because I applied for 5 years.

That's not what I said.
I haven't seen the refusal letter and don't know enough about your work history, salary, working hours to have an opinion.

Are you over 25 years old?
What's your current visa status?

[pilot10]

Thank you for your reply. So you are in agreement that they may have put under experienced worker because I applied for 5 years.

That's not what I said.
I haven't seen the refusal letter and don't know enough about your work history, salary, working hours to have an opinion.

Are you over 25 years old?
What's your current visa status?

My refusal letter was due to me not meeting appropriate salary as experienced worker. However, I should be under new entrant because I am under 25 years and current visa is tier 4 student visa.

Work history - none (I am under Tier 4 student)
Salary - more than the amount required for new entrant (SOC 1121)
Working hour - 39 hours

Please advice?

[eduleal]

It seems that's indeed the case.
If you can't be a new entrant for more than 3 years 1 month, you should go a 3-year COS instead of a 5-year one.

[pilot10]

Can we still take the premium service for the fresh application since my documents are with the home office only?