tier 2 application refusal need help

[terencechen]

Hi anyone can help me. Let me make my situation clear and simple
Tier 2 general rejected, no point claimed from earning.

Reason:
In the issued certificate, my job title is Information and Communication Technology Manager (SOC code: 1136). And my salary is 25k which does not match the minimum rate 41.6k for that position.
My situation is that I have been working for the company over 12 months under my PSW visa with salary 25k currently. My job title was System and Web developer. Recently, I have been promoted to an IT manager position as with expected salary 32k. Because the new salary rate is not actually affected yet, they fill in my current salary 25k.
I now have two options, appeal or reapply.

My questions are that

1. Can employer issue a new certificate of sponsorship with more correct job title and salary and then appeal or reapply again? Eg. The job title software engineer (SOC code: 2132) with 32k salary which is qualified and is more suitable for my situation.

2. I have just logged on to the Sponsorship Management System and I found that the status of the rejected CoS is ‘used’, and the limit of number is 1. Can employer cancel the used one and issue a new one? Because the sponsor have only 1 limit number of certificate and that one has been used, can they release the old used one and issue a new one? If not, can they add additional ceitificate to increase the limitation? My sponsor has got license recently and is an A-rate sponsor. I am not sure whether they are allowed to issue a new CoS or not.

3. Shall I appeal by issuing a new certificate of sponsorship with more correct job title and salary? Is it possible to appeal? If it is possible, will that take a long long time?

4. Or can I go back to my country to reapply a new fresh application with a new certificate of sponsorship?

5. If I go back to and re-apply again immediately, because my PSW visa has just expired am I still qualified to the situation of PSW transit to Tier 2 and work for the same employer over 6 months with no labour test required?

I am not sure what to do now. Please give me advice. This is very urgent for me. Many thanks

[Rammi]

Hi I had a similar case been through the same disappointment. I opted for the appeal process but believe it will not be very useful. I would suggest that put an appeal as it will give u time to reapply. First ask your employer to request for the additional certificate. That can apply through SMS. Then by that time get all your paper work ready for application. I think this is the best possible way. Getting it done from back Home will be very difficult.
One important thing remember till your appeal is pending you are legal in this country. You can put a new application with new certificate of sponsorship.

I hope this will give u direction in which you should go at this point of time as your time is very important.

[Rammi]

Hi I had a similar case been through the same disappointment. I opted for the appeal process but believe it will not be very useful. I would suggest that put an appeal as it will give u time to reapply. First ask your employer to request for the additional certificate. That can apply through SMS. Then by that time get all your paper work ready for application. I think this is the best possible way. Getting it done from back Home will be very difficult.
One important thing remember till your appeal is pending you are legal in this country. You can put a new application with new certificate of sponsorship.

I hope this will give u direction in which you should go at this point of time as your time is very important.

[The Station Agent]

Yet more proof that this system is simply too complex to work properly. There are far too many people in your position - the codes do not match real life precisely and most employers don't know what to do so they just go for a code that sounds right, not looking up what salary is expected for that code.

[Rammi]

This lackof information that is actually available on the ukba website. Even most of the OISC registered consultant doesn't have full information. I was extremely surprised when I tried to contact point based system team at home office, even they are not very helpful. Anyway at the end applicant loose money, peace of mind and always end up in difficult situation.

[simplythebestro]

I am in exactly the same position, and my visa has now even expired.

Applied: 25th Aug
PSW Visa Expired: 25th Sep
Tier 2 Visa Refused: 12th Oct
My salary: £24k
Code of Practice, salary should be: £26k

Result: My company is now putting up my salary to £26k !

Action: I am now appealing next week against my refusal and at the same time making a new application (hoping application gets processed before appeal decision) with new COS that shows the current salary.

If anyones got any advise or thoughts please reply here !

[Rammi]

Hi everybody I have made an appeal against the decision which got refused and following that I have applied for reconsideration of the decision. I am also going to lodge a new application while the decision of reconsideration will still be pending. My question here is "will they still consider my nee application as fresh or will they impose any previous judgements". If anyone of u is taking advice from any immigration consultant pl do reply. Thanks

[simplythebestro]

Hi Rammi,

Sorry to hear about your appeal refusal. Can you please share with us how long it took for the tribunal to process your appeal ?

I hope it works out for you.

Cheers, Ro

[asim_t2]

I was in same trouble back in july when my T2 visa refused and my IGS expired already but i got my visa in appeal last month.
Some jobe titles are very complex as they are not in releted industry that is the point which allow my appeal

[Rammi]

Hi Rammi,

Sorry to hear about your appeal refusal. Can you please share with us how long it took for the tribunal to process your appeal ?

I hope it works out for you.

Cheers, Ro

After appeal hearing i got the result within 2 weeks. but then following to the appeal refusal they have sent me form for reconsideration application in which i was offered if i want to appeal against appeal decision, which i did.

[Rammi]

I was in same trouble back in july when my T2 visa refused and my IGS expired already but i got my visa in appeal last month.
Some jobe titles are very complex as they are not in releted industry that is the point which allow my appeal

so did they approved your visa in appeal