tier 2 refused please help!!

[chtan12]

HI all,

I am new to this forum. and i really need help.

i have just been refused for FLTR on my tier 2 because of the wrong salary stated on the advertisement published. I have until the 16th of april 2010 to appeal if not i will have to leave the UK.

The refusal reason is as below :

- the minimum acceptable rate of pay for a 37.5 hour working week for your prospective employment is £20710, as stated on occupation code 2213 under the heading PRE-reg pharmacist.

-your Certificate of sponsorship states that your salary wouldbe £20710 for 45hours per week which equates £17258 for 37.5hours week.

- therefore, as your prospective salary is not at or above the minimum rate as published un ukba guidance, we do not consider it to be at the appropriate rate for this job.

-we have therefore unable to award any points in this point scoring area, in line with the guidance.

I have met other requirements eg. qualification 10points, prospective earnings 10 points, english language 10 points, maintenance funds 10 points,

but sponsorship 0points.

Which category should i appeal under? and does my employer has to issue a new COS?

Thank you in advance

[chtan12]

anyone please?

[arsenal49]

well, first of all you CANT appeal because you dont have any reason to appeal. These were the FACTS and there is nothing you can do to change it. You cant say , for example, that UKBA decision was not in line with the guidance available from Home Office regarding salary etc.

If you still have leave on your current visa, then make a fresh application and try to accumulate enough points this time around.

regards

[chtan12]

Well, i see your point. but the thing is that the ukba has given me a chance to appeal. That would give me extended stay here regardless.

So why would they let me appeal if i have no reason to?

In addition to that, my leave has expired therefore they have given me 10 days to send in an appeal.

[PaperPusher]

You have a right to appeal, it does not mean you will win the appeal.

What good is putting an appeal in that will lose, apart from it extending your stay. You need to explore getting this sorted out by a new application.

You need to speak to your employer or prospective employer about getting a new COS.

[chtan12]

Yes paperpusher,

a chance is still a chance. the only reason that i am going to put in the appeal because i have 3 weeks left to go until i become a qualified pharmacist.

So if i appeal, i can extend my stay here and get my certificate.

I do not plan to stay here and work after that.

It is the certificate that is important right now.

My employer has limited to ONE COS per annum.

So if he was to increase his COS allocation limit, that will take time and he wont be able to do it by the 16th of april (dateline for my appeal).

Can i still work while waiting for my appeal decision? because i do have a valid work permit.

[arsenal49]

well, in that case, yes legally you can continue to work whle your appeal is in the court. make sure you keep all appeal documents ready(copy) as they may become useful if you decide to apply in future for visa.

regards

[crownvictory]

it might sounds, silly bt maybe, u appeal by tryg to blame the HO for d confusion in d salary range! yr employer could assist in giving u new increase with a letter claimg that there was not enough notice period for them to update their rates for d qualifying positions and that u actually worth/qualified for d higher pay! (remember HO just increase all salary ranges of recent! ) court might pity u as it would seems contributory negligence!. U feel me?

[chtan12]

thank you all for the replies. i do understand but at the same time confused as well....

what ground is my appeal most relevant to?

I do not have much options;

a) the decision is not in accordance with immigration rules

b) the decision is unlawful because it is incompatible with your rights under the European convention on HUMAN Rights.

c) the decision is otherwise not in accordance with the law

d) discretion under the immigration rules should have been exercised differently

regards[/b]

[arsenal49]

well, it doesnt matter which option you choose because your appeal will not be successful anyway.

you are just buying time so pick any one of the option and submit an appeal.

regards
ps. if you want to appeal based on what the poster above suggested, than d) seems to be the most relevant option for you

[chtan12]

yes arsenal,

good point

had the exact option in mind too.

just dont want to to write an amateur appeal even though i m just buying some time !!

[timbob]

@chtan how long did the process take i.e. when did you receive biometric letter, how long after that did you receive the decision?

With reference to chtan I think I'm in the same boat here. I submitted my Tier 2 application last week only to find out about the hourly rate thing on this forum two days ago. My employer put 40 hours on my CoS for 22500 Salary (UKBA recommends 22300 for 37.5 hours). The most annoying thing is that I actually work 7.5 hours a day which equates to 37.5 hours a week. I dont know why the person who issued the CoS made such a costly mistake.


I'm switching from post study work to tier 2 general.

Any pointers on what I should do guys, should I withdraw my application and make a fresh one? Is there any way my employer can salvage the situation, since they've realised their mistake and the application hasn't been decided?



My employer would need to issue a new CoS if I make a fresh application right?


If my employer issues a new CoS and amends the number of hours to 37.5 hours, that application should be ok right? I would expect that every application be treated freshly based on the supporting documentation provided with that application and irrespective of whether you have been refused in a previous application right?


Comments, suggestions, recommendations will be highly appreciated.


Thanks

[arsenal49]

my advice....

Option A: Withdraw tier 2 app immediately(assuming you still have leave left on your visa), lose the application fees or Block the payment via your bank,
And submit fresh application with new COS and everything.

Option B: Ask your employer to contact HO and get permission to change COS due to "clerical" error.

Hope it all works out in the end.

regards

[chtan12]

yes

a new COS application will take time to do. if you withdraw , you can still get your fees back. If not you will lose out.

[timbob]

Thanks guys for your responses and suggestions.

@Arsenal: I sent a postal order with my application, so I don't think it would be possible to get my application fee back since postal orders clear immediately - it's been at the HO for five days now. Yes I still have leave left on my visa till December 2010. I only decided to switch to Tier 2 gen when changes were made to Tier 1 general. My employer said the CoS can't be amended once issued. They would have to issue another one, which shouldn't be a problem.

@Chtan12: CoS can be issued so long as the company hasn't not used up its annual allocation. Moreover I'll still need a new CoS whether or not I withdraw. What is the timeline? How long did it take for them to get back to you?




Cheers

[chtan12]

it took my employer about 2 weeks to get it done. yes, as long as there are sufficient allocation on the COS it will be alright. good luck

[timbob]

@chtan: That's great, so your company extended their annual CoS allocation? So are you submitting another application then? You still haven't responded to my question about the time line for your first Tier 2 application?

@arsenal: Once a CoS has been used for an application and that application was refused. Then that CoS is no longer a live/valid CoS right? So a new one can be issued by the company.

[arsenal49]

cos expiry date is 3 months(remembering from top of the head so u might wanna confirm it).

if app was refused due to the fact that there were some problems with cos then yes, otherwise cos will not expire until 3 months.

regards

[chtan12]

time line was about 4 weeks. pretty long. i think it varies for diferrent companies. You should ask around.

[chtan12]

nope unfortunately my company only allocated ONE cos per year. I dont know why. therefore i m not goin to resubmit another application as it takes too much time. I m going home for good end of this month.

[timbob]

So UKBA sent me an acknowledgement letter. In it they said something about validity of application (i.e. right application form, fee paid etc). Is this the standard content of acknowledgement letters? @chtan, can you remember whether the acknowledgement letter sent to you said anything about validity of your application?

That part of the letter is below

"...If there's any problem with the validity of the application, either because of the fee paid , validity of the form or another aspect of the application, your application will be rejected and a refund issued of the fee paid. A caseworker will write to you as soon as possible to advise what action you need to take to submit a valid application...."

The letter also talke about biometrics being the next step for a valid application

[timbob]

@ chtan12 or arsenal

I booked biometric appointment online but dont remember seeing a booking reference number whilst using the online booking system. Where does one get this booking reference number (BRN), will it be emailed to me by HO?

[djzack]

Yes, the BRN is emailed and sent as a text to you if you provided your mobile number for the confirmation.

It's not instant as you may think and may take like about 24 hours to come through email/text once you've booked it online.

You will also get an appointment letter nearer to your date, which you will take with you to the biometric enrolment centre/PEO/Post office. If the appointment's booked it will be all on it's way.