Tier 2 Visa Extension refused due to Inappropriate Salary

[saadster22]

Hi,

I have received a refusal of my Tier 2 visa extension application (from within the UK).

These are the facts of my case:

1) Date of application: 13th January, 2017.
2) Original Expiry of Visa: 17th January , 2017
3) Date of Refusal Letter: 16th February, 2017
4) Date of Receipt of Refusal Letter (from Royal Mail depot as it was Signed For): 24th February, 2017
5) Refusal grounds were on basis of appropriate salary.
a. Appropriate Salary for SOC 3545 Experienced worker is £32,500 for a 39 hour week.
b. The stated salary on my COS is £33,000 for a 40 hour week.
c. This stated salary equates to a salary of £32,175 for a 39 hour week.

My questions are as follows:
1) If I am to make a new application today (27/02/17), is it considered an “out of time” application or “in time” application?
2) If I were to go for an administrative review, and it subsequently got rejected, could I make a new application? Would this application be “in time” or “out of time”?
3) If I were to go for an administrative review, but then made a new application before a decision has been received on my administrative review, does this have any negative impact?

I would really really appreciate any advice given.
Thank you

[ozayh.malik]

1) If I am to make a new application today (27/02/17), is it considered an “out of time” application or “in time” application?

It will consider the in time application because HO should have given you 14 days for administrative review. So, you can apply within that time period.

2) If I were to go for an administrative review, and it subsequently got rejected, could I make a new application? Would this application be “in time” or “out of time”?

If you would go for administrative review it will get rejected because according to the given pro rata your salary is not appropriate it should be 833.33/week but your salary is 825/week according to (33000/40)

3) If I were to go for an administrative review, but then made a new application before a decision has been received on my administrative review, does this have any negative impact?

I am not sure about that

The best thing is to apply for new application with new CoS with 33,000 for 39 hours/week

Thank you

[CR001]

1) If I am to make a new application today (27/02/17), is it considered an “out of time” application or “in time” application?

It will consider the in time application because HO should have given you 14 days for administrative review. So, you can apply within that time period.

2) If I were to go for an administrative review, and it subsequently got rejected, could I make a new application? Would this application be “in time” or “out of time”?

If you would go for administrative review it will get rejected because according to the given pro rata your salary is not appropriate it should be 833.33/week but your salary is 825/week according to (33000/40)

3) If I were to go for an administrative review, but then made a new application before a decision has been received on my administrative review, does this have any negative impact?

I am not sure about that

The best thing is to apply for new application with new CoS with 33,000 for 39 hours/week

Thank you

Please learn how to use the quotes function correctly as you should quote the OP not your answer.

[ozayh.malik]

Thanks @CR001. Will keep in mind next time.

[saadster22]

Hi Ozayh.Malik

Thank you for your prompt response.

Unfortunately, a new CoS takes a few days to process, and I will probably only get it towards the end of this week (03/03/17).

The 14 day period you wrote about, does this start on:
1) The date of the letter (Feb 16th)
OR
2) The date it was posted (Feb 20th - this is the day the Royal Mail left me a note to collect from their depot as I needed to sign for it)
OR
3) The date I collected from the Post Office (24th Feb).

Also, how can I prove that I collected it on the 24th? Or will the home office have a record of this?

Thanks again for your help!

[ozayh.malik]

The date of the letter I think is that start date, not the date you selected the letter of posted the letter. I think you have 14 days to go for the administrative review and 28 days altogether to apply for the new application. Please check the policy guidance.