Tier 2 refusal :salary below minimum rate

[OML]

Hi there,

I am here for help.

I applied for Tier 2 General . My visa at the moment is PSW and expires on 13 Feb 2013 so i am exempted from Resident Labour Market Test . I got a refusal from UKBA stating the your prospective salary is not at or above the minimum rate as specified in codes of practice we do not
consider it to be at the appropriate rate for the job.
Now my Employer is ready to increase my salary rate to meet appropriate salary rate. My Employer has applied for a new COS (increase certificates of sponsorship) so they can issue new COS with appropriate salary rate and in order to do fresh Visa application.

what is processing time for new COS ?

will UKBA grant my tier2 visa ?

what are my option

Any suggestions ..help would be much appreciated..

Regards
OML

[manci]

Hi there,

I am here for help.

I applied for Tier 2 General . My visa at the moment is PSW and expires on 13 Feb 2013 so i am exempted from Resident Labour Market Test . I got a refusal from UKBA stating the your prospective salary is not at or above the minimum rate as specified in codes of practice we do not
consider it to be at the appropriate rate for the job. your employer should have checked the codes of practice before they assigned the CoS

Now my Employer is ready to increase my salary rate to meet appropriate salary rate. My Employer has applied for a new COS (increase certificates of sponsorship) so they can issue new COS with appropriate salary rate and in order to do fresh Visa application.

what is processing time for new COS ?
varies (look at timelines on forum) but there is good chance that it will come through before Feb 2013. If it doesn't urgent treatment can be requested 2 weeks before the expiry of your visa

will UKBA grant my tier2 visa ?
yes if you comply with all requirements

what are my option
wait

Any suggestions ..help would be much appreciated..

Regards
OML

[makky86]

Hi there,

I am here for help.

I applied for Tier 2 General . My visa at the moment is PSW and expires on 13 Feb 2013 so i am exempted from Resident Labour Market Test . I got a refusal from UKBA stating the your prospective salary is not at or above the minimum rate as specified in codes of practice we do not
consider it to be at the appropriate rate for the job.
Now my Employer is ready to increase my salary rate to meet appropriate salary rate. My Employer has applied for a new COS (increase certificates of sponsorship) so they can issue new COS with appropriate salary rate and in order to do fresh Visa application.

what is processing time for new COS ?

will UKBA grant my tier2 visa ?

what are my option

Any suggestions ..help would be much appreciated..

Regards
OML

You can definitely apply again for T2.

Currently it takes upto 4-5 months to get new COS ,even unrestricted. If you don't get COS by 13th June 2013 then ask your employer to send Urgent request . Don't worry you'll get visa.

[lis]

Hi,

I'll be applying for a Tier 4 to Tier2 gen switch soon. Please help me understand about the COS allocation and getting the COS process. My employer is ready to provide me with a COS but the HR said they need to apply for the unrestricted COS as they have used up all they had for the year. Now does the company apply for COS allocation to the UKBA with my details on it or just apply for general allocation and then issue one COS to me? This is a big company and I am not in touch with the HR directly as they are located in the Head office in a different city so a bit confused, they have also said that they have already applied for the COS.

[manci]

Now does the company apply for COS allocation to the UKBA with my details on it or just apply for general allocation and then issue one COS to me?

This needn't concern you if the company's application to increase their CoD allocation is intended for you. FYI usually only a general description of the reason for the request is given without any personal details.

[lis]

Thanks Manci, reason is the details that the HR has currently is going to be changed. The job title and salary for the code do not match and we need to sort it out..

[manci]

the job description needs to match as closely as possible, the job title is secondary

[OML]

Hi manci and muhdkhokhar

Thanks very much for your help

[lis]

Manci does it mean its alright if the job title does not exist in SOC titles but the job description should match one of the NQF 6 codes and this code should be assigned to the title?

[manci]

the job description should match as closely as possible, the title is secondary. Read this:
http://www.ukba.homeoffice.gov.uk/busin ... fpractice/
open the link on the right hand side which takes you to the ONS site where there are further links. These should help to determine the right SOC code.

Remember, it is the employer's responsibility (not yours) to determine and state the appropriate SOC code in the CoS.

[lis]

Thanks Manci. I've seen this before. Actually the company is trying to accomodate me into a role and the exact job title they have offered is not in the list. Since the company is dealing with a tier 4 to tier 2 case for the first time, they too are very confused.. My job title is found in the IT sector but the job description is differen because the employer is not an IT company..

This should be taken care of by the employer but as you know now the only way a tier 4 holder can work here is by securing a tier 2 visa which is so difficult to get because of the codes and salaries and limited time, so I want to make sure that nothing wrong goes into the COS.

[manci]

Thanks Manci. I've seen this before. Actually the company is trying to accomodate me into a role and the exact job title they have offered is not in the list it doesn't have to be. Since the company is dealing with a tier 4 to tier 2 case for the first time, they too are very confused..

My job title is found in the IT sector but the job description is differen because the employer is not an IT company.. It is not the job title that should match but the job description, as closely as possible (cannot be all that difficult to find a good fit!), and the employer doesn't have to be an IT company

This should be taken care of by the employer but as you know now the only way a tier 4 holder can work here is by securing a tier 2 visa which is so difficult to get because of the codes and salaries and limited time, so I want to make sure that nothing wrong goes into the COS.

[surajchain]

Hi,

I am having the similar case.

Current visa - PSW valid till mid November 2013

I am Working with an IT company since Jan 2012 (11 months now) and planning to switch to Tier 2 General as my company is ready to sponsor me, but my issue is as below -

My current position is Project Manager and salary that I earn is £37,000 per annum gross.

I went thru all the SOC codes and the one that matches my job profile has a minumum salary requirement of £39,000.

My question is -

Let us suppose that in March or April 2013 my company increases my salary to £39,000, then can I immediately apply for Tier 2 General or do I need to wait and show 6 months payslips with the new salary that I am getting? How does it work. Do they just see the revised salary letter or I have to show that I am receiving this revised salary for a certain time via payslips or bank statement?

Your advice is highly appreciated

many thanks
Suraj