Tier 2 - General (Refusal on not having Appropriate Salary

[mehtagaurav]

Hi All,

I am here for help ...Please find below the details of my Visa and its Refusal

On 6th August 2011 ...I applied for Tier - 2 General switching from PSW. I was working for ABC company ans was earning 26900GBP. The SOC code for myself was 2111 - Chemist.

I have been refused my visa because of not having appropriate salary. The salary required for SOC is 13.39 p/h GBP and my salary is 13.26p/h GBP.

And I have gt a right to appeal.

Please tell me what shall I do in this situation....???
What grounds of appeal do I have ??

Any suggestions ..help would be much appreciated...

A few things to consider..
The application form I filled (Tier application form Ver 04/11) describes under Section 4 - L.5 - Appropriate Salary as General - 20000GBP and above - 20 Points...

Now because I was transferring over from PSW I do not fall into the Shortage Occupation List as I already worked for the employer for 6 months immediately before application in same role. Then why would I am being considered for the SOC code??

Regards,
G

[Greenie]

Hi All,

I am here for help ...Please find below the details of my Visa and its Refusal

On 6th August 2011 ...I applied for Tier - 2 General switching from PSW. I was working for ABC company ans was earning 26900GBP. The SOC code for myself was 2111 - Chemist.

I have been refused my visa because of not having appropriate salary. The salary required for SOC is 13.39 p/h GBP and my salary is 13.26p/h GBP.

And I have gt a right to appeal.

Please tell me what shall I do in this situation....???
What grounds of appeal do I have ??

Any suggestions ..help would be much appreciated...

A few things to consider..
The application form I filled (Tier application form Ver 04/11) describes under Section 4 - L.5 - Appropriate Salary as General - 20000GBP and above - 20 Points...

Now because I was transferring over from PSW I do not fall into the Shortage Occupation List as I already worked for the employer for 6 months immediately before application in same role. Then why would I am being considered for the SOC code??

Regards,
G

You only get points for salary if you will be paid at the appropriate rate for the job or £20,000 which ever is the higher. In other words, if the appropriate rate is below £20,000 then you must earn at least £20,000. If the appropriate rate is above £20,000 you must be paid at least the appropriate rate, in your case, £13.39 per hour.

The fact you were switching from PSW and had worked for the employer for 6 months only exempted you from the Resident Labour Market Test, it didn't exempt you from showing you would be earning the appropriate salary for your job.

See also tier 2 policy guidance particularly para 71

[mehtagaurav]

Thanks greenie,


Please could you let me know what else I would need to do in order to appeal??

Or

What grounds of appeal do i have??? Because I was under the impression that the employer would have done their due dilligence when they created a CoS for me ...i thought that would be appropriate salary....


Please help me...because its just a matter of 250 pounds per annum less.....


I would appreciate any help....any right direction..

Regards,
G

[geriatrix]

If you did not meet the specified requirements at the time of the application, appealing the decision will not lead to the decision being overturned.

Can your employer not increase your prospective salary package to cover this shortfall of this "250 pounds per year"? If they can and can issue you a new CoS, you may apply again. But do note that if this out-of-time application is refused for any reason, you'll not get the right of appeal.

[psychic]

Hi All,

I am here for help ...Please find below the details of my Visa and its Refusal

On 6th August 2011 ...I applied for Tier - 2 General switching from PSW. I was working for ABC company ans was earning 26900GBP. The SOC code for myself was 2111 - Chemist.

I have been refused my visa because of not having appropriate salary. The salary required for SOC is 13.39 p/h GBP and my salary is 13.26p/h GBP.

And I have gt a right to appeal.

Please tell me what shall I do in this situation....???
What grounds of appeal do I have ??

Any suggestions ..help would be much appreciated...

A few things to consider..
The application form I filled (Tier application form Ver 04/11) describes under Section 4 - L.5 - Appropriate Salary as General - 20000GBP and above - 20 Points...

Now because I was transferring over from PSW I do not fall into the Shortage Occupation List as I already worked for the employer for 6 months immediately before application in same role. Then why would I am being considered for the SOC code??

Regards,
G

Hi G

I dont quite understand how they have arrived at your hourly pay.

If they assumed a 37.5 hour work week:
26900/52/37.5 = £13.79/hour

And if they assumed a 40 hour work week:
26900/52/40 = £12.93/hour

Clearly both the above figures do not correspond to the £13.26/hour which has been stated in the refusal letter

Can you please explain the home office calculation for the benefit of the board users?

[Greenie]

Hi All,

I am here for help ...Please find below the details of my Visa and its Refusal

On 6th August 2011 ...I applied for Tier - 2 General switching from PSW. I was working for ABC company ans was earning 26900GBP. The SOC code for myself was 2111 - Chemist.

I have been refused my visa because of not having appropriate salary. The salary required for SOC is 13.39 p/h GBP and my salary is 13.26p/h GBP.

And I have gt a right to appeal.

Please tell me what shall I do in this situation....???
What grounds of appeal do I have ??

Any suggestions ..help would be much appreciated...

A few things to consider..
The application form I filled (Tier application form Ver 04/11) describes under Section 4 - L.5 - Appropriate Salary as General - 20000GBP and above - 20 Points...

Now because I was transferring over from PSW I do not fall into the Shortage Occupation List as I already worked for the employer for 6 months immediately before application in same role. Then why would I am being considered for the SOC code??

Regards,
G

Hi G

I dont quite understand how they have arrived at your hourly pay.

If they assumed a 37.5 hour work week:
26900/52/37.5 = £13.79/hour

And if they assumed a 40 hour work week:
26900/52/40 = £12.93/hour

Clearly both the above figures do not correspond to the £13.26/hour which has been stated in the refusal letter

Can you please explain the home office calculation for the benefit of the board users?

why do you assume that the UKBA calculated the OP's pay rather than the employer specifying the hourly rate on the OP's CoS?

[mehtagaurav]

Hi All,

They have accounted for 39 hours which brings the pay upto 13.26 GBP p/h.

As you said if the company is willing to give me a pay rise....for the remaining amount...and considering that my visa has run out in august 2011 ...what would be the chances?? of getting a new CoS without RLMT.

Because my previous CoS was juust switching from PSW and didnt require RLMT...


.....................

Now there is another situation....My company is suppose to promote to a quality engineer... it happened within this three 4 months after applying for the visa...

So what would you guys suggest me shall be my further process to definetely get a visa done!!


Would you think is it good to apply from start for this new position ??? or to get the appeal done and then change the position...


Regards,
G

[psychic]

Hi All,

They have accounted for 39 hours which brings the pay upto 13.26 GBP p/h.

As you said if the company is willing to give me a pay rise....for the remaining amount...and considering that my visa has run out in august 2011 ...what would be the chances?? of getting a new CoS without RLMT.

Because my previous CoS was juust switching from PSW and didnt require RLMT...


.....................

Now there is another situation....My company is suppose to promote to a quality engineer... it happened within this three 4 months after applying for the visa...

So what would you guys suggest me shall be my further process to definetely get a visa done!!


Would you think is it good to apply from start for this new position ??? or to get the appeal done and then change the position...


Regards,
G

Ah 39 hours. Given that your visa expired in August, I think the only credible option you have left is to win your appeal.

[mehtagaurav]

Hi Guys,

Could you please help me as to how shall I appeal and what grounds of appeal do I have?


please could you also consider my moving on to this new position?

regards,
Gaurav

[atpgjtag]

I had a similar problem. My application was refused because my annual salary was less by £80 for my Job Code category. So my company increased my annual salary by £80 and have re-applied.

I suppose your only option is to ask your company to raise your salary, or apply with a different Job Code.

[Rajeev123]

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