Tier 2 Visa refused - pls help

[kamran_bsh]

Hi Everyone
I need some help please. My visa is refused

My old tier 2 visa expiry date: 13th Aug
Refusal letter date : 11th sept
Reason: Inappropriate salary when pro rated to 39 hours under SOC 1131. My COS showed 43000/annum. & 40 hours per week. They refused saying its 42500 for a 39 hours week & when prorated to 39 hours my salary is 41950 somewhat.

Refusal leeter allows me to submit for administrative review.

What are my options now?Can i do a new application at premium centre or can i appeal? I think administrative review wont do any good.

Please someone help me

[CR001]

There are no appeal rights for PBS visas. You will need to reapply.

[Djsuccess]

Hi Everyone
I need some help please. My visa is refused

My old tier 2 visa expiry date: 13th Aug
Refusal letter date : 11th sept
Reason: Inappropriate salary when pro rated to 39 hours under SOC 1131. My COS showed 43000/annum. & 40 hours per week. They refused saying its 42500 for a 39 hours week & when prorated to 39 hours my salary is 41950 somewhat.

Refusal leeter allows me to submit for administrative review.

What are my options now?Can i do a new application at premium centre or can i appeal? I think administrative review wont do any good.

Please someone help me

The refusal was correct so AR is of no use.
You need to be earning a minimum of £43600 at 40 hours/week in order to meet the earning requirement as £43600 will give you £42510 when prorated to 39hours/ week.
Your best and quickest option if for your sponsor to increase your salary, issue you a new CoS and then you can make a new application using the premium service.

All the best

[CR001]

The refusal was correct so AR is of no use.
You need to be earning a minimum of £43600 at 40 hours/week in order to meet the earning requirement as £43600 will give you £42510 when prorated to 39hours/ week.
Your best and quickest option if for your sponsor to increase your salary, issue you a new CoS and then you can make a new application using the premium service.

All the best

Apologies Djsuccess, I must have been splitting this OPs post at the same time you were responding in the other topic

[kamran_bsh]

Hi Everyone
I need some help please. My visa is refused

My old tier 2 visa expiry date: 13th Aug
Refusal letter date : 11th sept
Reason: Inappropriate salary when pro rated to 39 hours under SOC 1131. My COS showed 43000/annum. & 40 hours per week. They refused saying its 42500 for a 39 hours week & when prorated to 39 hours my salary is 41950 somewhat.

Refusal leeter allows me to submit for administrative review.

What are my options now?Can i do a new application at premium centre or can i appeal? I think administrative review wont do any good.

Please someone help me

The refusal was correct so AR is of no use.
You need to be earning a minimum of £43600 at 40 hours/week in order to meet the earning requirement as £43600 will give you £42510 when prorated to 39hours/ week.
Your best and quickest option if for your sponsor to increase your salary, issue you a new CoS and then you can make a new application using the premium service.

All the best

Thanks Djsuccess.
My employer is on board on this.But, i saw a solicitor today & he is saying i cant apply using the premium service saying i can only apply using standard.Also, my visa expired on 13th August.So what expiry date would i put in new application.

[kamran_bsh]

There are no appeal rights for PBS visas. You will need to reapply.

Thanks.
One question my visa expired on 13th August.My refusal letter is dated 11th September. Can i apply for premium service?How will answer question regarding if i have a valid leave and the expiry date of leave?Also, they havent returned my Bio matrics card saying it is no longer valid and will be destroyed

[akkhan]

Hi Everyone
I need some help please. My visa is refused

My old tier 2 visa expiry date: 13th Aug
Refusal letter date : 11th sept
Reason: Inappropriate salary when pro rated to 39 hours under SOC 1131. My COS showed 43000/annum. & 40 hours per week. They refused saying its 42500 for a 39 hours week & when prorated to 39 hours my salary is 41950 somewhat.

Refusal leeter allows me to submit for administrative review.

What are my options now?Can i do a new application at premium centre or can i appeal? I think administrative review wont do any good.

Please someone help me

The refusal was correct so AR is of no use.
You need to be earning a minimum of £43600 at 40 hours/week in order to meet the earning requirement as £43600 will give you £42510 when prorated to 39hours/ week.
Your best and quickest option if for your sponsor to increase your salary, issue you a new CoS and then you can make a new application using the premium service.

All the best

Hello can you please explain how the pro rata salary be calculated? if SOC codes states 42500 so is it for 39 hours or 37.5 hours per week? and if its more hours how its calculated?

[MOSTHANSOME]

Your employers work hours per week divided by SOC work hours and multiply by SOC annual salary

[Djsuccess]

The refusal was correct so AR is of no use.
You need to be earning a minimum of £43600 at 40 hours/week in order to meet the earning requirement as £43600 will give you £42510 when prorated to 39hours/ week.
Your best and quickest option if for your sponsor to increase your salary, issue you a new CoS and then you can make a new application using the premium service.

All the best

Apologies Djsuccess, I must have been splitting this OPs post at the same time you were responding in the other topic

it's ok.

[akkhan]

Your employers work hours per week divided by SOC work hours and multiply by SOC annual salary

thanks for your reply how we know SOC work hours? how to find them out?

[Djsuccess]

Your employers work hours per week divided by SOC work hours and multiply by SOC annual salary

thanks for your reply how we know SOC work hours? how to find them out?

It's written in appendix J

[akkhan]

Your employers work hours per week divided by SOC work hours and multiply by SOC annual salary

thanks for your reply how we know SOC work hours? how to find them out?

It's written in appendix J

thanks for quick response
In appendix J all I can see is
[Source: Annual Survey of Hours and Earnings 2016]
so How to find Soc Hours information?

[Djsuccess]

Your employers work hours per week divided by SOC work hours and multiply by SOC annual salary

thanks for your reply how we know SOC work hours? how to find them out?

It's written in appendix J

thanks for quick response
In appendix J all I can see is
[Source: Annual Survey of Hours and Earnings 2016]
so How to find Soc Hours information?

You will need to read the introduction part of Appendix j. as below

Appropriate salary rates
14. Where these Rules state that an applicant must be paid the appropriate rate for a job as set out in this Appendix, the rate will be determined as follows:
(a) Where the most appropriate match for the job in question appears in Tables 1 to 4 or Table 8, the appropriate rate is as stated in the relevant Table.
(b) Where the most appropriate match for the job in question appears in one of Tables 1 to 4 and also appears in Table 8, the appropriate rate is as stated in Table 8, and the rates stated in Tables 1 to 4 do not apply.
(c) Table 7 is to be used for identifying the equivalent SOC 2010 code only. The appropriate rate must then be identified for that SOC 2010 code using the other tables, where relevant.
(d) Where both “new entrant” and “experienced worker” rates are stated in Tables 1 to 3, the “new entrant” rate will only apply if:
(i) the applicant:
(1) is applying as a Tier 2 (General) Migrant and scores points from the Post-Study Work provisions of Appendix A,
(2) is applying as a Tier 2 (General) Migrant and scores points from the Resident Labour Market Test provisions of Appendix A, on the basis that his Sponsor has carried out a university milkround,
(3) is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category,
or
(4) was under the age of 26 on the date the application was made;
and
(ii) the applicant is applying for entry clearance or leave to remain (not for indefinite leave to remain); and
(iii) 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.
The “experienced worker” rate will apply in all other cases.
(e) Where Appendix K requires a job holder to have a minimum level of experience, the “experienced worker” rate will always apply.
(f) The rates stated are per year and are based on the following weekly hours:
(i) Where the source is the Annual Survey of Hours and Earnings, a 39-hour week;
(ii) Where the source is NHS Agenda for Change or the Royal Institute of British Architects, a 37.5-hour week;
(iii) Where the source is teachers’ national pay scales, on the definition of a full-time teacher as used when determining those pay scales;
(iv) where the source is the National Grid submission to the Migration Advisory Committee, a 37-hour week;
(v) In all other cases, a 40-hour week.




Because you SOC code used salary source from Annual survey, 39Hours is the hours/ week used for the earning.
appropriate salary will then be calculated as 40/39 X 42500 which = £43589.74. That's why I said you need to be earning a minimum of around £43600 in my initial response.

[akkhan]

[quote=akkhan post_id=<a href="tel:1536209">1536209</a> time=<a href="tel:1505591083">1505591083</a> user_id=177481]
[quote=Djsuccess post_id=<a href="tel:1536200">1536200</a> time=<a href="tel:1505590561">1505590561</a> user_id=144155]
[quote=akkhan post_id=<a href="tel:1536180">1536180</a> time=<a href="tel:1505587264">1505587264</a> user_id=177481]
[quote=MOSTHANSOME post_id=<a href="tel:1535294">1535294</a> time=<a href="tel:1505420271">1505420271</a> user_id=175812]
Your employers work hours per week divided by SOC work hours and multiply by SOC annual salary

thanks for your reply how we know SOC work hours? how to find them out?
[/quote]

It's written in appendix J
[/quote]

thanks for quick response
In appendix J all I can see is
[Source: Annual Survey of Hours and Earnings 2016]
so How to find Soc Hours information?
[/quote]


You will need to read the introduction part of Appendix j. as below

Appropriate salary rates
14. Where these Rules state that an applicant must be paid the appropriate rate for a job as set out in this Appendix, the rate will be determined as follows:
(a) Where the most appropriate match for the job in question appears in Tables 1 to 4 or Table 8, the appropriate rate is as stated in the relevant Table.
(b) Where the most appropriate match for the job in question appears in one of Tables 1 to 4 and also appears in Table 8, the appropriate rate is as stated in Table 8, and the rates stated in Tables 1 to 4 do not apply.
(c) Table 7 is to be used for identifying the equivalent SOC 2010 code only. The appropriate rate must then be identified for that SOC 2010 code using the other tables, where relevant.
(d) Where both “new entrant” and “experienced worker” rates are stated in Tables 1 to 3, the “new entrant” rate will only apply if:
(i) the applicant:
(1) is applying as a Tier 2 (General) Migrant and scores points from the Post-Study Work provisions of Appendix A,
(2) is applying as a Tier 2 (General) Migrant and scores points from the Resident Labour Market Test provisions of Appendix A, on the basis that his Sponsor has carried out a university milkround,
(3) is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category,
or
(4) was under the age of 26 on the date the application was made;
and
(ii) the applicant is applying for entry clearance or leave to remain (not for indefinite leave to remain); and
(iii) 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.
The “experienced worker” rate will apply in all other cases.
(e) Where Appendix K requires a job holder to have a minimum level of experience, the “experienced worker” rate will always apply.
(f) The rates stated are per year and are based on the following weekly hours:
(i) Where the source is the Annual Survey of Hours and Earnings, a 39-hour week;
(ii) Where the source is NHS Agenda for Change or the Royal Institute of British Architects, a 37.5-hour week;
(iii) Where the source is teachers’ national pay scales, on the definition of a full-time teacher as used when determining those pay scales;
(iv) where the source is the National Grid submission to the Migration Advisory Committee, a 37-hour week;
(v) In all other cases, a 40-hour week.




Because you SOC code used salary source from Annual survey, 39Hours is the hours/ week used for the earning.
appropriate salary will then be calculated as 40/39 X 42500 which = £43589.74. That's why I said you need to be earning a minimum of around £43600 in my initial response.
[/quote]

Great thank you for clarifying. Appreciate it.

[akkhan]

[quote=akkhan post_id=<a href="tel:1536209">1536209</a> time=<a href="tel:1505591083">1505591083</a> user_id=177481]
[quote=Djsuccess post_id=<a href="tel:1536200">1536200</a> time=<a href="tel:1505590561">1505590561</a> user_id=144155]
[quote=akkhan post_id=<a href="tel:1536180">1536180</a> time=<a href="tel:1505587264">1505587264</a> user_id=177481]
[quote=MOSTHANSOME post_id=<a href="tel:1535294">1535294</a> time=<a href="tel:1505420271">1505420271</a> user_id=175812]
Your employers work hours per week divided by SOC work hours and multiply by SOC annual salary

thanks for your reply how we know SOC work hours? how to find them out?

It's written in appendix J
[/quote]

thanks for quick response
In appendix J all I can see is
[Source: Annual Survey of Hours and Earnings 2016]
so How to find Soc Hours information?
[/quote]


You will need to read the introduction part of Appendix j. as below

Appropriate salary rates
14. Where these Rules state that an applicant must be paid the appropriate rate for a job as set out in this Appendix, the rate will be determined as follows:
(a) Where the most appropriate match for the job in question appears in Tables 1 to 4 or Table 8, the appropriate rate is as stated in the relevant Table.
(b) Where the most appropriate match for the job in question appears in one of Tables 1 to 4 and also appears in Table 8, the appropriate rate is as stated in Table 8, and the rates stated in Tables 1 to 4 do not apply.
(c) Table 7 is to be used for identifying the equivalent SOC 2010 code only. The appropriate rate must then be identified for that SOC 2010 code using the other tables, where relevant.
(d) Where both “new entrant” and “experienced worker” rates are stated in Tables 1 to 3, the “new entrant” rate will only apply if:
(i) the applicant:
(1) is applying as a Tier 2 (General) Migrant and scores points from the Post-Study Work provisions of Appendix A,
(2) is applying as a Tier 2 (General) Migrant and scores points from the Resident Labour Market Test provisions of Appendix A, on the basis that his Sponsor has carried out a university milkround,
(3) is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category,
or
(4) was under the age of 26 on the date the application was made;
and
(ii) the applicant is applying for entry clearance or leave to remain (not for indefinite leave to remain); and
(iii) 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.
The “experienced worker” rate will apply in all other cases.
(e) Where Appendix K requires a job holder to have a minimum level of experience, the “experienced worker” rate will always apply.
(f) The rates stated are per year and are based on the following weekly hours:
(i) Where the source is the Annual Survey of Hours and Earnings, a 39-hour week;
(ii) Where the source is NHS Agenda for Change or the Royal Institute of British Architects, a 37.5-hour week;
(iii) Where the source is teachers’ national pay scales, on the definition of a full-time teacher as used when determining those pay scales;
(iv) where the source is the National Grid submission to the Migration Advisory Committee, a 37-hour week;
(v) In all other cases, a 40-hour week.




Because you SOC code used salary source from Annual survey, 39Hours is the hours/ week used for the earning.
appropriate salary will then be calculated as 40/39 X 42500 which = £43589.74. That's why I said you need to be earning a minimum of around £43600 in my initial response.
[/quote]

Great thank you for clarifying. Appreciate it.
[/quote]


One last thing does the same thing applied to 30,000 threshold if soc code saary is 28300 for 39 hours and for 40 it will be 40/39*28300 but as threshold for experienced is 30,000 so does the same apply if one mentions 40 hours?

[Djsuccess]

The calculation is applicable to every application where there is a minimum earning requirement. Where there is £30,000 minimum earning different from the SOC salary, the higher figure is used. so £30,000 will be used for the calculation and not £28300,
40/39*30000 =£30769.23. The person, in this case, must be earning a minimum of £30770 in order to earn the points for appropriate salary.