TIER2 TO ILR REFUSED PLEASE HELP

[CR001]

Yes, but the immigration rules clearly state that for ILR, you have to be paid EITHER what your SOC says OR E35,500, whichever is HIGHER.

Sure, on the other hand the new application still shows that salary payment should be 35K! (that is on page 18 of the application form - April 18 version!)

The immigration rules unfortunately trump the guidance notes and the form.

Hi CR001,
What if my Annual Gross Salary is said:£36500 which includes the guaranteed bonus of £1500. Does home office accept this? Also, the same amount £36500 is showing in the latest p60 as well.
Because the guaranteed bonus was mentioned in CoS and the same can be mentioned in the employee letter as well.

Kindly post your questions regarding your circumstances in your own topic rather than tag onto another members topic.

[Arj2018]

Sure, on the other hand the new application still shows that salary payment should be 35K! (that is on page 18 of the application form - April 18 version!)

The immigration rules, unfortunately, trump the guidance notes and the form.

Hi CR001,
What if my Annual Gross Salary is said:£36500 which includes the guaranteed bonus of £1500. Does home office accept this? Also, the same amount £36500 is showing in the latest p60 as well.
Because the guaranteed bonus was mentioned in CoS and the same can be mentioned in the employee letter as well.

Kindly post your questions regarding your circumstances in your own topic rather than tag onto another members topic.

Sorry for the above post. Will do it in a separate post.

[wewillgetit]

Thank you for the reply.

Do you think it might be worth going through the admin review?
If employer agrees to add the shortage amount can I add this on my admin review document?
Do I need to pay the fee when I reapply again?

Thanks alot.

You would almost always go for AR. If nothing else, it gives you more time to prepare your new application without becoming an overstayer.
You cannot add new documents in an AR, so even if the salary change is made, it will not help. I assume you went for premium application - if you had applied before 6th April, 35K would have been fine. You can try arguing
1. Old application forms are accepted for 21 days. You used the old form and followed the instructions in that, so the limit should be 35K
2. That the salary limit on the date of booking the appointment should be considered (in which case you meet the criteria).
3. You can also ask that if that is not acceptable, discretion should be considered since the change in limit was only couple of days old.
They are unlikely to be accepted but worth trying, especially since you used the old form which has the old criteria - you may get through on the 21 day limit.
Yes, you need to pay the fee again when you apply again.

Thank you for your help.
With regards to item 1 is there any written law or hyperlink referring to 21 days time span?
Thank you

[marcnath]

Thank you for the reply.

Do you think it might be worth going through the admin review?
If employer agrees to add the shortage amount can I add this on my admin review document?
Do I need to pay the fee when I reapply again?

Thanks alot.

You would almost always go for AR. If nothing else, it gives you more time to prepare your new application without becoming an overstayer.
You cannot add new documents in an AR, so even if the salary change is made, it will not help. I assume you went for premium application - if you had applied before 6th April, 35K would have been fine. You can try arguing
1. Old application forms are accepted for 21 days. You used the old form and followed the instructions in that, so the limit should be 35K
2. That the salary limit on the date of booking the appointment should be considered (in which case you meet the criteria).
3. You can also ask that if that is not acceptable, discretion should be considered since the change in limit was only couple of days old.
They are unlikely to be accepted but worth trying, especially since you used the old form which has the old criteria - you may get through on the 21 day limit.
Yes, you need to pay the fee again when you apply again.

Thank you for your help.
With regards to item 1 is there any written law or hyperlink referring to 21 days time span?
Thank you

Pg 5 of the guidance at https://assets.publishing.service.gov.u ... n-v1.0.pdf

Relevant section quoted below

When applying on a paper form, an applicant must normally use a current version of the paper specified application form. However; where the applicant submits an application on a previous version of an application form, this will be treated as made on a specified form so long as, at the date the application is, the version they use:
• is no more than 21 days out of date
• was previously specified for the immigration category under which the applicant is applying

[wewillgetit]

Thank you for the reply.

Do you think it might be worth going through the admin review?
If employer agrees to add the shortage amount can I add this on my admin review document?
Do I need to pay the fee when I reapply again?

Thanks alot.

You would almost always go for AR. If nothing else, it gives you more time to prepare your new application without becoming an overstayer.
You cannot add new documents in an AR, so even if the salary change is made, it will not help. I assume you went for premium application - if you had applied before 6th April, 35K would have been fine. You can try arguing
1. Old application forms are accepted for 21 days. You used the old form and followed the instructions in that, so the limit should be 35K
2. That the salary limit on the date of booking the appointment should be considered (in which case you meet the criteria).
3. You can also ask that if that is not acceptable, discretion should be considered since the change in limit was only couple of days old.
They are unlikely to be accepted but worth trying, especially since you used the old form which has the old criteria - you may get through on the 21 day limit.
Yes, you need to pay the fee again when you apply again.

Thank you for your help.
With regards to item 1 is there any written law or hyperlink referring to 21 days time span?
Thank you

Pg 5 of the guidance at https://assets.publishing.service.gov.u ... n-v1.0.pdf

Relevant section quoted below

When applying on a paper form, an applicant must normally use a current version of the paper specified application form. However; where the applicant submits an application on a previous version of an application form, this will be treated as made on a specified form so long as, at the date the application is, the version they use:
• is no more than 21 days out of date
• was previously specified for the immigration category under which the applicant is applying

Thank you

[wewillgetit]

Hello

I have found out my job soc code has appeared in shortage occupation list (2135)
But in my tier 2 extension application it was mentioned that it is not in the list.
Can I use this also in my admin review?
Please advise.
Thanks

[cyclina1]

Hello

I have found out my job soc code has appeared in shortage occupation list (2135)
But in my tier 2 extension application it was mentioned that it is not in the list.
Can I use this also in my admin review?
Please advise.
Thanks

Sure! Then actually you don't need 35500 if this is in shortage list. just need to fulfill the salary of your SOC code threshold is OK. You must win if your job really in shortage list.

[wewillgetit]

Hello

I have found out my job soc code has appeared in shortage occupation list (2135)
But in my tier 2 extension application it was mentioned that it is not in the list.
Can I use this also in my admin review?
Please advise.
Thanks

Sure! Then actually you don't need 35500 if this is in shortage list. just need to fulfill the salary of your SOC code threshold is OK. You must win if your job really in shortage list.

My code 2135 is on the list. But that has three different roles relating to it.
Also just to confirm is it only taking 28 days to get the result?
Thanks

[marcnath]

Hello

I have found out my job soc code has appeared in shortage occupation list (2135)
But in my tier 2 extension application it was mentioned that it is not in the list.
Can I use this also in my admin review?
Please advise.
Thanks

Sure! Then actually you don't need 35500 if this is in shortage list. just need to fulfill the salary of your SOC code threshold is OK. You must win if your job really in shortage list.

My code 2135 is on the list. But that has three different roles relating to it.
Also just to confirm is it only taking 28 days to get the result?
Thanks

28 days is only an indication - it can be shorter or longer

[wewillgetit]

I was short for less than 70pound to meet 35.5k salary
Can I send my bank statement which shows I had that amount in my saving for 70pounds shorter? Or that doesn't work?

Thanks

[cyclina1]

I was short for less than 70pound to meet 35.5k salary
Can I send my bank statement which shows I had that amount in my saving for 70pounds shorter? Or that doesn't work?

Thanks

I think you said your job is in shortage list????? you don't need to earn 35.5K or above but at least you have earn more than your SOC threshold......

Btw, saving won't help even you have 1 billion!!!!! (but you can vary to Tier 1 investment)

[wewillgetit]

I was short for less than 70pound to meet 35.5k salary
Can I send my bank statement which shows I had that amount in my saving for 70pounds shorter? Or that doesn't work?

Thanks

I think you said your job is in shortage list????? you don't need to earn 35.5K or above but at least you have earn more than your SOC threshold......

Btw, saving won't help even you have 1 billion!!!!! (but you can vary to Tier 1 investment)

My soc code 2135 appears in appendix K.
My job title is IT Business Analyst.
Nothing has mentioned in the job description.
Could someone confirm please?

[cyclina1]

why bother? the caseworker see your SOC code only, but not your job title.... (of course if you job title is totally irrelevant to your SOC code, they will flag up), as long as your SOC code is in shortage list, then you are the employee of the shortage job in the UK.

[CR001]

My soc code 2135 appears in appendix K.
My job title is IT Business Analyst.
Nothing has mentioned in the job description.
Could someone confirm please?

Your job is NOT in the shortage occupation list. 2135 for your job if you are an IT Business Analyst is in Appendix J. Unfortunately, it is NOT only the SOC that matters, your job title is also important and this is what HO look at.

https://www.gov.uk/guidance/immigration ... illed-work

2135 IT business analysts, architects and systems designers Example job tasks
• liaises with internal/external clients in order to analyse business procedure, clarify clients’ requirements and to define the scope of existing software, hardware and network provision;
• undertakes feasibility studies for major IT developments incorporating costs and benefits, and presents proposals to clients;
• communicates the impact of emerging technologies to clients and advises upon the potential introduction of such technology;
• provides advice and assistance in the procurement, provision, delivery, installation, maintenance and use of IT systems and their environments;
• examines existing business models and flows of data and designs functional specifications and test plans for new systems in order to meet clients’ needs;
• researches, analyses, evaluates and monitors network infrastructure and performance;
• works closely with clients to implement new systems.

Related job titles:
• Business analyst (computing)
• Data communications analyst
• Systems analyst
• Systems consultant
• Technical analyst (computing)
• Technical architect

Salary rates:
New entrant: £26,500
Experienced worker: £34,700

2135 in Appendix K Shortage Occupation is ONLY the following job descriptions.

https://www.gov.uk/guidance/immigration ... ation-list

2135 IT business analysts, architects and systems designers
Only the following jobs in this occupation code:

systems engineer in visual effects and 2D/3D computer animation for the film, television or video games sectors
data scientist employed by a qualifying company, where the job requires a person with a minimum of five years’ relevant experience and demonstrable experience of having led a team.

[wewillgetit]

why bother? the caseworker see your SOC code only, but not your job title.... (of course if you job title is totally irrelevant to your SOC code, they will flag up), as long as your SOC code is in shortage list, then you are the employee of the shortage job in the UK.

I have the same SOC code if only that matters then I should be fine.
According to what CR001 says and HO website. Only data scientist and system engineers in 3D are considered!

[CR001]

why bother? the caseworker see your SOC code only, but not your job title.... (of course if you job title is totally irrelevant to your SOC code, they will flag up), as long as your SOC code is in shortage list, then you are the employee of the shortage job in the UK.

I have the same SOC code if only that matters then I should be fine.
According to what CR001 says and HO website. Only data scientist and system engineers in 3D are considered!

You don't fall under the shortage occupation, so pointless to pursue this argument as it is not only the SOC number than matters.

[cyclina1]

why bother? the caseworker see your SOC code only, but not your job title.... (of course if you job title is totally irrelevant to your SOC code, they will flag up), as long as your SOC code is in shortage list, then you are the employee of the shortage job in the UK.

I have the same SOC code if only that matters then I should be fine.
According to what CR001 says and HO website. Only data scientist and system engineers in 3D are considered!

She is correct. I misunderstand what you mean on no job description. Beginning I think you mean the job description of your code. but actually you mean the job in Appensix K....

So clearly IT business analyst is not included in shortage list.

Sorry I also misread and mislead you.

[wewillgetit]

why bother? the caseworker see your SOC code only, but not your job title.... (of course if you job title is totally irrelevant to your SOC code, they will flag up), as long as your SOC code is in shortage list, then you are the employee of the shortage job in the UK.

I have the same SOC code if only that matters then I should be fine.
According to what CR001 says and HO website. Only data scientist and system engineers in 3D are considered!

She is correct. I misunderstand what you mean on no job description. Beginning I think you mean the job description of your code. but actually you mean the job in Appensix K....

So clearly IT business analyst is not included in shortage list.

Sorry I also misread and mislead you.

Thank you for explanation.
before my Tier 2 visa I have worked with Tier 1 Post study working visa and paid tax for a year.
Does that matte and help on this scenario ?

Thanks again.

[cyclina1]

Job title you held with the company is not important.


Like my case, my soc was "life scientist" in PhD level, but my job title held is NOT life scientist but just very general: Research Associate. This title you can also find in big companies, or banks or consultancy firms.

But what you did have to fulfill what the job described.

why bother? the caseworker see your SOC code only, but not your job title.... (of course if you job title is totally irrelevant to your SOC code, they will flag up), as long as your SOC code is in shortage list, then you are the employee of the shortage job in the UK.

I have the same SOC code if only that matters then I should be fine.
According to what CR001 says and HO website. Only data scientist and system engineers in 3D are considered!

You don't fall under the shortage occupation, so pointless to pursue this argument as it is not only the SOC number than matters.

[CR001]

Job title you held with the company is not important.


Like my case, my soc was "life scientist" in PhD level, but my job title held is NOT life scientist but just very general: Research Associate. This title you can also find in big companies, or banks or consultancy firms.

But what you did have to fulfill what the job described.

There are slightly different requirements for PhD level jobs. Please refrain from confusing this topic any further.

[CR001]

Thank you for explanation.
before my Tier 2 visa I have worked with Tier 1 Post study working visa and paid tax for a year.
Does that matte and help on this scenario ?

Thanks again.

Your time on PSW visa is irrelevant.

[wewillgetit]

Thank you for explanation.
before my Tier 2 visa I have worked with Tier 1 Post study working visa and paid tax for a year.
Does that matte and help on this scenario ?

Thanks again.

Your time on PSW visa is irrelevant.

Thank you for the update.

I have found that the salary threshold rate for 2018-19 also is less than 35k according to this link.
This is very unprofessional that you can see inconsistency on all the pages that every single one shows different information!

https://www.gov.uk/guidance/rates-and-t ... 18-to-2019!
even now when going to the gov.uk (https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa) to check settlement visas for Tier2 it still shows you should earn 35k!

[CR001]

As I have already said, the immigration rules take precedence over guidance notes.

As the immigration rules state the requirement of £35,500pa from 6th April, that is what you should meet.

The salary thresholds in the SOC are the market related salaries. The immigration rules clearly state you must earn EITHER what your SOC states OR £35,500pa, whichever is HIGHER.

[wewillgetit]

As I have already said, the immigration rules take precedence over guidance notes.

As the immigration rules state the requirement of £35,500pa from 6th April, that is what you should meet.

The salary thresholds in the SOC are the market related salaries. The immigration rules clearly state you must earn EITHER what your SOC states OR £35,500pa, whichever is HIGHER.

Thank you for the update.

Could someone confirm admin review is different with appeals? I can see on other post it took some people up to 6 month to get the appeal result, although on the HO website it says it takes usually 28 days to get the result.

[CR001]

Admin Review is for when HO has made an error in refusing an application and you ask for a review of the decision. AR usually takes 28 days.

As a PBS migrant applying for ILR, there are no appeal rights.