V messy situation. Wrong SOC and bad employer. HELP URGENTLY

[lostboy]

Hey folks,

Im in some really messy situation currently.

I am on PSW and applied for Tier 2 Employer Sponsored visa in July 2011. My employer then, provided me with a CoS which stated my Job title as 'Business Analyst' and salary as 22000GBP, which is the actual title and salary I receive. I submitted all my papers and only yesterday received a Visa refusal letter. It clearly states that my application has been rejected on grounds that my salary is less than minimum required for Business Analyst which is 31200GBP and I cannot appeal but can reapply.

My current PSW visa expires on 19 Sep 2011, hardly 17 days from now. My employer on knowing this, has done a volte face and completely rejected my appeal to give me a salary rise (which is long overdue....I've been working on 22K since past 2 years), acknowledges my work as that of a Business Analyst and yet will not give me a new CoS. He is adamant not to increase my salary only for the purpose of getting my visa, and not lower my job title as I've already sent an earlier application with the job title and job role and he doesnt want the HO to see the company as changing job titles merely for getting the visa.

I am now in a very sticky situation, with absolutely no help coming from my employer for whom I worked for peanuts only hoping to get the visa, who got me the CoS overlooking/neglecting the minimum salary requirements (my bad included) and now not able to apply for visa from elsewhere in such short time. In a matter of a month my employer is suddenly fine in not letting me be in his company anymore..

Can any of you guys please advise me what options I have with me now. Im very angry and very frustrated and still feel very helpless.

Please help, I hardly have 2 weeks in hand... What are my options...???

[mulderpf]

You dont have many options available to you other than maybe trying to find another employer. In terms of not wanting to change your job title or salary, I think your employer is justified - a 50% change in salary isn't an increase, its an adjustment. Also, I would be very careful in thinking its okay to jusg change your job title just for a visa application, it amounts to deception.

[lostboy]

Correct me if Im wrong. From a PSW visa, I can apply for Tier 2 (employer sponsored) ONLY if I have worked for that employer for the past 6 months. Am I right?

Are there really no other options...

[madona587]

It's ridiculous how a company can let someone down like this after working for them for years.. As far as i can see your only option is to convince them to give you a rise mate. Maybe sit down with your boss and explain him the situation and tell him if he don't do this you will lose everything. Bit of a peptalk might work. But then again going from 22K -> 31K is a tough call

But you must take the blame on this one as you didn't check the SOC code before applying.. You could have looked at a job title thats similar to what you do and meets 22K and applied.

[madona587]

Correct me if Im wrong. From a PSW visa, I can apply for Tier 2 (employer sponsored) ONLY if I have worked for that employer for the past 6 months. Am I right?

Are there really no other options...

Yes you're right. Or else they have to do a RLMT

[shoma]

Your Options:

1. Start finding a new job apply as much as you can mentioning your situation and dont forget to mention you expericence and knowledge so the employer can benefit from it later on

2. Dont forget to apply for jobs in your home country .

3. Be prepared to go back You can come back later its not end of the world.

4. Worst case apply for student visa if you got statement

5. Apply again without COS so you can gain.

6. If you have a dependent consider changing their status and you become dependent of them

All of the above are my personal viewes which might not work at all.

[safatafa]

Hi there

Check the soc code 2329 in section m and see if it matches ur job description. Salary for this is less and job title information analyst can be used.

[newlostboy]

Hi Guys,

I am in a similar situation . But before I go back to my employer and request a review of my salary, I just need to clarify few things. This is what is said in the refusal letter:

'The codes of practice for the SOC code given on your certificate states that you should earn at least £14.40/hr. Your COS shows that you will earn £23,500 per annum and work 40 hours per week. Your salary therefore equates to £11.30/hr and is below the minimum salary rate given in the UKBA's published guidance.'

My SOC code is 2129 and in Section M it says that the minimum salary is £14.76/hr. Which is the correct rate? £14.76 or £14.40? And is the minimum working hours 37.5hrs/week for this SOC code? It doesnt say anything about that either in that section.

They also go on to say:

'You may wish to submit a fresh application with NEW or ADDITIONAL information not included in the application that is the subject of this decision.'

So will they accept a second application from me with the increased salary? And can I reduce the hours to 37.5hrs from the current 40hrs?

I do understand that the responses given are purely voluntary. It helps a lot of people like myself. Thank you for all your time and effort spent in going through these posts and responding to them. I would sincerely appreciate if some one could advice on the next step.

Many thanks.

[lostboy]

Hey again...

Someone I spoke to, referred me this...

I have 2 weeks for my PSW to expire with one refusal for change to Tier 2 already (due to mismatch in job code n salary)

I start applying for as many jobs as possible in UK in the next 2 weeks, go out of UK as visa's expired, apply for a tourist visa to UK, come back and pursue the jobs and eventually get a Tier 2 visa on the job secured.

Legally speaking I cant 'seek' jobs on tourist visa, but i would have applied for these jobs in my PSW visa and therefore can still pursue them. What is the procedure then to apply for a job 'sought' on PSW and work visa applied from Tourist to Tier2 incountry...

Is this possible??? Whoever told this to me just shot this off his head.....

Please advise