Tier2 application refused. No right of appeal.

Genuinealb · Post by **Genuinealb** » Fri Feb 18, 2011 4:15 pm

I do not know why my first topic disapeared.

My application was refused today from UKBA on the basis of low salary.
Quite worried but relaxed.

All the best guys.

clippedw · Post by **clippedw** » Sat Feb 19, 2011 1:10 am

Genuinealb wrote:I do not know why my first topic disapeared.

My application was refused today from UKBA on the basis of low salary.
Quite worried but relaxed.

All the best guys.

Thats very sad! Did your salary meet the requirement for your post according to the relevant code of practice?

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Sat Feb 19, 2011 12:57 pm

Sorry to hear that! Can you let us know if there was a huge gap betwen yr salary and the salary in the code of practice

keikeichris · Post by **keikeichris** » Sat Feb 19, 2011 2:25 pm

Sheffield_Marketeer wrote:Sorry to hear that! Can you let us know if there was a huge gap betwen yr salary and the salary in the code of practice

Sorry to hear that, which catergory of your salary was in. if u dont mind telling us. As I am trying to send my application.
I have one more question, when does your VISA exp? before 31st March?
Was the job on Shortage occupation?
Many thx...hope u are feeling ok..

Chris

Genuinealb · Post by **Genuinealb** » Sun Feb 20, 2011 4:10 pm

Hi everyone,

It is quite sad actually. After more than three years on work permit visa as Mechanical engineer, I have to start thinking from zero again.
Believe me guys, you feel shite.
My salary was 11.65 per hour and it should have been 14.35 per hour on 37.5 hours per week.
As i have mentioned before my visa expired on november 1st. I had sent the application without a cos on 29th october. on january 4th the aplication was refused as incomplete. on january 6th we got the cos. sent the application again, did biometrics again, refused on february 18th.
In the refusal letter they didn't mentioned the late application or that the visa expired.

A very angry and frustated boss sent a letter on special delivery the very same day to the UKBA, to the minister of immigration and to the MP telling them that this is screwing his business and how badly the company needs me, and that he cant give me that sort of salary in this after recession time yet. He then asked for reconsideration.
My solicitor told me that is still very little hope to ask for reconsideration.

Does anyone has a crazy idea to give me. Basicaly I will try everything possible to stay here.

Thanks for your support guys.

arsenal49 · Post by **arsenal49** » Sun Feb 20, 2011 4:20 pm

my 2 cents...

you are doing everything you can already and i think you shouldn't give up.....

try to tell your boss about new rules coming into force in April....

see if your occupation has more realistic salary requirements according to new rules...

also, try to drag this process until April... make sure you ask your lawyer that worst come to worst, this extra time does not count as a break for visa purposes otherwise you will have to do 5 years from scratch!

new rules might be the only way foward... but they havent published appropriate salary rates yet, although they have published median salary rate.

good luck and dont give up...

cheers

timarli · Post by **timarli** » Sun Feb 20, 2011 6:25 pm

Sorry to hear that your application is refused.

I just wanted to ask one question: is the hourly rate you wrote

'annual base salary / (52*37.5)'? (around 23K base)

or 'annual salary+benefits / (52*37.5) ? (around 23K base+benefits)

If it's the first one I think I won't be able to get an extension even if I get 5% increase every year :S
And if I try to change employer, my base salary would have to be 35K+ which is quite unlikely.

smiles345 · Post by **smiles345** » Sun Feb 20, 2011 6:48 pm

my understanding is that the maximum you can put 45hrs and the minimum is 30 am i right? salary would have been ok if yr company would have put 45 hrs right?

arsenal49 · Post by **arsenal49** » Sun Feb 20, 2011 7:26 pm

smiles345 wrote:my understanding is that the maximum you can put 45hrs and the minimum is 30 am i right? salary would have been ok if yr company would have put 45 hrs right?

NO!!!

if you put in more than 37.5 hours.... and put the "appropriate salary rate" as given in code of practice.....they would pro-rate the hourly rate against 37.5 hours.... and ofcourse that means you no longer satisfy the requirement

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Sun Feb 20, 2011 7:35 pm

Hi, It is indeed very sad that people who have set up a new home and life, over a period of time here are now being asked to leave at such a short notice. The UKBA should have done some arrangements for such cases, where a qualitative analysis of the cases could have been done.

What I fail to understand here, and if others could help me out is, where is this hourly rate mentioned, all I see is the annual salary in the code of practice.

arsenal49 · Post by **arsenal49** » Sun Feb 20, 2011 9:19 pm

jobs, for example, in section M, ONLY mentions hourly rate...

i guess its different for different sections

ammu12345 · Post by **ammu12345** » Mon Feb 21, 2011 9:38 am

well assuming you got 3 yrs of experience...i think you should be getting paid more ....speak to ur boss ....if he really wants u he should pay you the required rate...saying that he cant because of recession is BS!

Genuinealb · Post by **Genuinealb** » Tue Mar 08, 2011 1:05 pm

Apparently there is nothing I can do but leave the country.
However, my passport is still somewhere in UKBA, apparently with my local enforcement office. I called the number on the refusal statement and they told me that is the wrong department. They gave me another number. I called that number, wrong. They gave me another number, right department but wrong team. The right departament gave me the team number. Tried the number, no one picks it up. Called the right departament again, they gave me another number. Called the number, a lady told me that she hasn't got a clue, but she gave me the number of the last person who has been working on my case. I called the number and the lady (her name is Jane J....) doesn't pick it up.

Is my passport lost?

Immigrationboards.com: Immigration, work visa and work permit discussion board

Tier2 application refused. No right of appeal.

Tier2 application refused. No right of appeal.

Re: Tier2 application refused. No right of appeal.