Tier 2 Extension Refused - Now reapplying for new one (Complex case)

[Nazia2018]

Hello all,

I applied for my Tier 2 visa extension on 17.07.18. The case was complicated already as my last 3 months payslip didn't match the salary income of £32,800 for this particular SOC code. I was on £30,000 - but my Employer decided to increase it after a performance review on 15.07.18 to £33,000 from April to July - they re-issued payslips for £33,000 for April to July + backpaid me from April to July (difference between £30K salary and £33K). They also notified HRMC of the changes and paid the difference in Tax, NI, etc.

So I was nervous that UKVI will not be accepting this as the new payslips does not match my 3 months' bank statement. I had put a note in my July statement pointing out the back payment + my Employer wrote a letter explaining the performance review.

I received a refusal letter from UKVI dated 31.07.18. However, refusal was due to not meeting Appropriate Salary requirements - letter explains that it says the CoS states £33,000 for 40 hours! My Employer made a mistake with the working hours in the CoS - instead of 37.5 hours, they put 40 hours. As when pro-rated to 39-hours week, we were falling short by few hundreds pounds. There was no mention of backpayments, bank statements/payslips not matching.

However, my visa expired 29.07.18.

My Employer has assigned me a new CoS today (03.08.18) with the corrected working hours. (By the way, I still have to provide the back payment evidence through same bank statements and the new payslips - hope this won't be any issue now as they didn't mention it in the refusal letter).

But when filling in my Tier 2 extension application, I am quite confused to what I need to answer to some of their questions. Please let me know your thoughts on the below:

1) What type of visa or leave to remain do you have?
(Technically my Tier 2 expired 29.07.18 and am not allowed to work now - shall I still select Tier (General) leave to remain?)

2) What is the start date of your current visa or leave to remain?
(Is that from my very first Tier 2 CoS - which was assigned in 2014? Or from my new CoS, i.e. work starting date is 20.08.2018)

3) What is the end date of your current visa or leave to remain?
(Shall I put 29.07.18 when my last Tier 2 expired or the last working day as per my new CoS, i.e. 28.06.2020?)

4) Was there a reason beyond your control why you did not apply before your visa or leave to remain expired? (If I click 'Yes', it asks for evidence for exceptional situation such as doctor's note or death certificate - shall I click 'No' then?)

5) And finally: because UKVI has retained my passport and destroyed my expired biometric card, they are asking me to send valid national ID card from my home country, Mauritius. The issue is that my home country changed their plastic cards to biometric cards about 2-3 years ago, but because I am living here, I did not go change my plastic card. Can I still send my plastic national ID card to them - or would they consider it invalid?

Thank you for your patience reading my complex visa case. I would really appreciate your kind suggestions.

Many thanks in advance.

[UKLL]

Hello all,

I applied for my Tier 2 visa extension on 17.07.18. The case was complicated already as my last 3 months payslip didn't match the salary income of £32,800 for this particular SOC code. I was on £30,000 - but my Employer decided to increase it after a performance review on 15.07.18 to £33,000 from April to July - they re-issued payslips for £33,000 for April to July + backpaid me from April to July (difference between £30K salary and £33K). They also notified HRMC of the changes and paid the difference in Tax, NI, etc.

So I was nervous that UKVI will not be accepting this as the new payslips does not match my 3 months' bank statement. I had put a note in my July statement pointing out the back payment + my Employer wrote a letter explaining the performance review.

I received a refusal letter from UKVI dated 31.07.18. However, refusal was due to not meeting Appropriate Salary requirements - letter explains that it says the CoS states £33,000 for 40 hours! My Employer made a mistake with the working hours in the CoS - instead of 37.5 hours, they put 40 hours. As when pro-rated to 39-hours week, we were falling short by few hundreds pounds. There was no mention of backpayments, bank statements/payslips not matching.

However, my visa expired 29.07.18.

My Employer has assigned me a new CoS today (03.08.18) with the corrected working hours. (By the way, I still have to provide the back payment evidence through same bank statements and the new payslips - hope this won't be any issue now as they didn't mention it in the refusal letter).

But when filling in my Tier 2 extension application, I am quite confused to what I need to answer to some of their questions. Please let me know your thoughts on the below:

1) What type of visa or leave to remain do you have?
(Technically my Tier 2 expired 29.07.18 and am not allowed to work now - shall I still select Tier (General) leave to remain?)

2) What is the start date of your current visa or leave to remain?
(Is that from my very first Tier 2 CoS - which was assigned in 2014? Or from my new CoS, i.e. work starting date is 20.08.2018)

3) What is the end date of your current visa or leave to remain?
(Shall I put 29.07.18 when my last Tier 2 expired or the last working day as per my new CoS, i.e. 28.06.2020?)

4) Was there a reason beyond your control why you did not apply before your visa or leave to remain expired? (If I click 'Yes', it asks for evidence for exceptional situation such as doctor's note or death certificate - shall I click 'No' then?)

5) And finally: because UKVI has retained my passport and destroyed my expired biometric card, they are asking me to send valid national ID card from my home country, Mauritius. The issue is that my home country changed their plastic cards to biometric cards about 2-3 years ago, but because I am living here, I did not go change my plastic card. Can I still send my plastic national ID card to them - or would they consider it invalid?

Thank you for your patience reading my complex visa case. I would really appreciate your kind suggestions.

Many thanks in advance.

I didnt't quite understand why you submitted your payslips in the first place. I just extended my Tier 2 and there was no requirement to submit your pay slips.

1. I would say so
2. Your current visa is the one you have at the moment (destroyed by the Home Office). You don't have a visa from your new CoS yet -- that is your future visa
3. 29.07.18 when my last Tier 2 expired
4. I think it should be "yes". However, you should have applied for admin review first, that will give you some more time to be legally staying in the UK -- and it might be successful; What does it say on the refusal letter, does it state a date on it of when you should leave the country?
5. I am not sure about this but I think it should be OK