Post
by terencechen » Sat Sep 26, 2009 11:09 pm
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