Tier 2 app - appeal won

[sqldev]

Hi there,

I applied for Tier 2 last Aug 30 (visa expiry date: Sept 6) and it was refused for the reason that my salary did not meet the required renumeration for my job title. I lodged the appeal in writing, providing my reasons as well as the letter from my employer. After 3 months, I received the judge's decision in my favor. We had to wait for another 3 weeks or so for the call-in letter. Then another 3 weeks before I received my passport back.

I hope this little info helps. It really was a long wait.

[ash786]

Hi there,

I applied for Tier 2 last Aug 30 (visa expiry date: Sept 6) and it was refused for the reason that my salary did not meet the required renumeration for my job title. I lodged the appeal in writing, providing my reasons as well as the letter from my employer. After 3 months, I received the judge's decision in my favor. We had to wait for another 3 weeks or so for the call-in letter. Then another 3 weeks before I received my passport back.

I hope this little info helps. It really was a long wait.

1. Congrats first of all.
2. My question is that r u saying that just say for example u job needed £25k and u were given £20k on u certificate so did u appeal the decision and won the case with £20k salary instead of £25k?

[sqldev]

Actually HO has put me under a different job role/name because of what's written in the description in my COE. When I checked the code of practice, there's another role that's just right for the work I do which has a lesser renumeration. That's how I argued my case as I cannot ask my employer to raise my salary nor are they willing to do it.

I believe the company or the person who applied for my COE did not even consult the code of practice, you know, just to check if the salary matches the description.

I hope this helps.

[adgow]

sqldev

Firstly, congratulations!

My partner and I are currently in the same situation, where her employers (the NHS) have made a similar mistake in relation to the COE and wrongly classified the job role (meaning £26,000 was required as a minimum, when it shouldn have been classified as £20,000).

The NHS did take advice from The Home Office regarding classification, although the wrong advice was given. Neither the NHS or The Home Office are willing to take responsibility for this, although we feel aggrieved that we have shelled out astronomical legal fees for this to go to tribunal for something that is effectively a dispute between two separate parties.

Does anyone know, if successful, if there is a procedure for reclaiming fees for this? We have spent nearly £1200 in our defence.

Many Thanks

[djzack]

The chances of winning an appeal in this case are very less, or as we have seen that OP has actually succeeded with his case. You should note that when you appeal against the refusal, it is actually appealing against the decision made by the Entry Clearance Officer or the Caseworker who has decided your application.

Assigning the COS correctly, matching salary with the job code, verifying other details etc. is something that comes under the employer's responsibilities, in this case NHS. The Home Office was right with their decision and the application has been refused on correct grounds.

The only way I see a solution to this problem is if the OP could shed some light as to how his proceedings in the Tribunal were accepted and if a solicitor was used how did he/she navigate this to a winning end.

The other option could have been to make a new application if you still have a valid leave to remain, or in case you have your appeal pending your existing leave to remain extends under immigration act 3C. Act 3C has been discussed on this forum quite a number of times, and you should be able to look for what it really means and if it applies to your case.

I would still appreciate if we get some feedback from the OP , and from other members of the forum. I have seen posts where people have won appeals on these grounds, but not sure how they've done it, and the most important thing to note is that it can take a lot of time (sometimes even months) until you reach to the point of a decision.

You should have received a refusal letter stating the decision and reasons, what does that say? As for your fees, I don't have any idea about how you can re-claim it.

I can imagine the amount of frustration that you have gone through with this. One small mistake, which could be as simple as selecting the right job code from a drop down list can end it up in misery, if not done carefully.

[blueberries]

hi!congratulations!
i would just like to ask if it was an appeal or administrative review that you filed, because i also filed an administrative review last November 26 and still havent received any response.

my vsa was refused because they said that the job title in my COE was not on the current job occupation list in UK however as per my employer and the UKBA website my jobtitle was included on the occupation list