Tier 2 visa re-applying after rejection

[Cher12]

Hi all,

My application for a Tier 2 visa (switching from Tier 4) was rejected because my salary was under the minimum threshold for the occupation my employers assigned (it was their mistake and I didn't realise) and they'd given me a CoS with a length of five years so I was considered as an experienced worker instead of a new entrant. I'm re-applying now with a new CoS with a different occupation code (which is actually more accurate to my job title) and with a length of three years. And they obviously had to issue me a new contract with a later start date (I've been working for them since September on my Tier 4 visa) since the start date can't be before the date on the CoS.

I'm just worried (and I spoke to a lawyer who also raised this concern) that UKVI might get suspicious that I've made these changes to my contract/application. Does anyone have any advice? I'm planning to get a letter from my employers explaining that they made a mistake and what they've done to correct it, and also explain on the online application form why I was rejected and what changes I've made to my new application to address the mistakes in my last one. Does that make sense?

On an unrelated note, my passport expires in July and I'm planning to apply this month so I'm assuming this won't be a problem as long as it's valid until I apply?

Thanks!

[CR001]

On an unrelated note, my passport expires in July and I'm planning to apply this month so I'm assuming this won't be a problem as long as it's valid until I apply?

Passport must be valid at time of application. There is no requirement that it must be valid for X amount of months. You don't get the visa in your passport anymore anyway.

[Cher12]

On an unrelated note, my passport expires in July and I'm planning to apply this month so I'm assuming this won't be a problem as long as it's valid until I apply?

Passport must be valid at time of application. There is no requirement that it must be valid for X amount of months. You don't get the visa in your passport anymore anyway.

Thank you so much, that's great to hear! Do you have any other advice? I sent in my online application today and there was nowhere on the form where it asked whether I'd been rejected before and to give an explanation, which I was so sure there would be.

I've got my premium centre appointment tomorrow so if anyone has any tips on how I can make my application stronger despite being rejected once, I would be immensely grateful. Should I submit my current contract? How much should my employers explain the changes they've made?

I know they're supposed to consider each application as a new one but the lawyer I talked to said there's a chance it'll be affected by an old rejection.

[CR001]

You could write a letter and explain although HO will have your refusal details on file.

There should however have been a question on whether or not you have every been refused a visa.

[Djsuccess]

You could write a letter and explain although HO will have your refusal details on file.

There should however have been a question on whether or not you have every been refused a visa.

Question about old visa refusal in not on the online form for Tier 2.

[CR001]

You could write a letter and explain although HO will have your refusal details on file.

There should however have been a question on whether or not you have every been refused a visa.

Question about old visa refusal in not on the online form for Tier 2.

Thanks. As I obviously don't have access to online forms, I assumed there would be (Tier 4 has it I believe).

[Cher12]

Thanks everyone! I guess my main concerns are:

* could I be rejected because my employers have changed my occupation code and the length of my CoS?
* would it make sense to submit my contract along with my application?

[Djsuccess]

Thanks everyone! I guess my main concerns are:

* could I be rejected because my employers have changed my occupation code and the length of my CoS?
* would it make sense to submit my contract along with my application?

I don't think you need to submit your contract. I your sponsor would have provided your job title and description in the Cos issued to you. The case worker will check that your job title and description match the Soc code. The ordinarily, your application shouldn't be denied because your sponsor has changed your soc code. They will understand that you might have used the wrong code in your previous application. Your sponsor can also add that to the sponsor note saying that a wrong code was used initially and now corrected.

If the case worker has any doubt about the application, then it will be communicated to you and your sponsor. I understand things might not be so clear, but you will never find out what the outcome will be except you submit another application and hope for the best.