Tier 2 refusal : wrong soc code used

[Xian25]

Hi there,

This is my case.

I applied for Tier 2 General . My visa at the moment is PSW and expires on 13 March 2013 so i am exempted from Resident Labour Market Test . I got a refusal from UKBA stating the following ( see content below) . My sponsor issued me CoS with Soc code 1142 , in which we just found out now that its no longer in the Tier 2 list. I graduated MBA Business Management course here in UK. My sponsor will issue a new COS with new SoC code which is 1132 Sales and Marketing Manager . My questions are : is the the MBA qualification consider as NQF level 6 above? I knew that its not about the educational level isn't it? Will UKBA consider this ? How come they stated in their letter to me that "You do not qualify for the NQF 6 level exemptions as laid out in Appendix A of the immigration " ( see bullet 3 below) . See this link re: Appendix A .... http://www.official-documents.gov.uk/do ... 7/8337.pdf

Please enlighten , will the issuance of the new CoS and new soC code will help in my new application ?

[manci]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

SOC code 1132 is NQF6, min. salary £15.88/hour
SOC code 1142 is NQF4, min. salary £12.51/hour

your MBA is not relevant

New CoS is needed with SOC 1132 and appropriate salary (your employer should have known!) for a new application for leave to remain.

[Xian25]

Many thanks for the speedy response , i appreciate . Do I need to enroll biometrics? Had my biometrics last 9 october . But then I got refusal because of the wrong code so do I need to enroll biometrics again?
Cheers!

[geriatrix]

You will need to enrol biometrics everytime you make an immigration application.

[Xian25]

Thank you Sushdmetha . Btw the biometrics enrolment I made was only last month when the UKBA send me the letter to apply for my biometrics. If I made my fresh application next week , are they going to send me new biometrics enrolment letter again? Any previous applicant that was refuse and had already their biometrics enrolled did the UKBA send you again a new biometrics enrollment letter ? Please enlighten .

[Greenie]

It doesn't matter if you last gave biometrics last week or last year, you have to give them with every application.

[geriatrix]

Hi there

I'm just confuse about the start date.. Had refusal last nov 3 . But the reason got refusal Is it's a wrong soc code. Now I am submitting fresh application what date does the sponsor need to put ? Is it the start date they put on the previous application which is 01 August 2012 or since it is a fresh application they should put the latest date right? It's a start date not an issue date. Thanks . Your response is highly appreciated.

[manci]

If your application is granted your T2G leave will start from the start date given in the new CoS or the date of UKBA's decision, whichever the later. The period of grant will be 3 years from the start date of the CoS, or to the end date of the CoS, whichever the earlier,

[Xian25]

If your application is granted your T2G leave will start from the start date given in the new CoS or the date of UKBA's decision, whichever the later. The period of grant will be 3 years from the start date of the CoS, or to the end date of the CoS, whichever the earlier,

I appreciate your reply Manci lets put it this way , is there a need to retain the start date that was issued by my sponsor previously in the CoS ( dated august 1; but this CoS has been refuse) or since it is a new application the start date must be within the 3 months of the CoS that the sponsor will issue for the new application( note: my sponsor gave me new CoS with different start date this time not the date in the previous CoS) is my sponsor correct to put the latest date? Like December 1 for the start date? It's still within 3 months upon the issuance of CoS. please enlighten . And I hope you understand what I'm trying to say here.

[manci]

If your application is granted your T2G leave will start from the start date given in the new CoS or the date of UKBA's decision, whichever the later. The period of grant will be 3 years from the start date of the CoS, or to the end date of the CoS, whichever the earlier,

I appreciate your reply Manci lets put it this way , is there a need to retain the start date that was issued by my sponsor previously in the CoS ( dated august 1; but this CoS has been refuse) or since it is a new application the start date must be within the 3 months of the CoS that the sponsor will issue for the new application( note: my sponsor gave me new CoS with different start date this time not the date in the previous CoS) is my sponsor correct to put the latest date? Like December 1 for the start date? It's still within 3 months upon the issuance of CoS. please enlighten . And I hope you understand what I'm trying to say here. Not really. The work start date and the date of assignment of the previous CoS are irrelevant. You must make your application for leave to remain within 3 months of the date of assignment of the new CoS.

[Xian25]

Cheers mate!!! Really help a lot! I submitted my docs and fingers crossed!!

[karthiktr]

If your application is granted your T2G leave will start from the start date given in the new CoS or the date of UKBA's decision, whichever the later. The period of grant will be 3 years from the start date of the CoS, or to the end date of the CoS, whichever the earlier,

I appreciate your reply Manci lets put it this way , is there a need to retain the start date that was issued by my sponsor previously in the CoS ( dated august 1; but this CoS has been refuse) or since it is a new application the start date must be within the 3 months of the CoS that the sponsor will issue for the new application( note: my sponsor gave me new CoS with different start date this time not the date in the previous CoS) is my sponsor correct to put the latest date? Like December 1 for the start date? It's still within 3 months upon the issuance of CoS. please enlighten . And I hope you understand what I'm trying to say here. Not really. The work start date and the date of assignment of the previous CoS are irrelevant. You must make your application for leave to remain within 3 months of the date of assignment of the new CoS.

manci one query,
I didnt fill the annual allowance in the application form but my HR filled the annual allowance in the COS. But the salary matches according to SOC code. I submitted my application last week. Will it cause any problem manci. I am feeling worried now.
with regards,
Karthik

[manci]

I didnt fill the annual allowance in the application form but my HR filled the annual allowance in the COS. But the salary matches according to SOC code. I submitted my application last week. Will it cause any problem manci. I am feeling worried now.

your salary and allowances in the application should have matched exactly with what is in the CoS. Suggest you write to UKBA asap and put right the omission.

[karthiktr]

I didnt fill the annual allowance in the application form but my HR filled the annual allowance in the COS. But the salary matches according to SOC code. I submitted my application last week. Will it cause any problem manci. I am feeling worried now.

your salary and allowances in the application should have matched exactly with what is in the CoS. Suggest you write to UKBA asap and put right the omission.

Manci thanks for your reply
If i am writing to UKBA, i have to refer the application reference number which is mentioned in acknowledgement letter. Still i didnt receive it beasue last week only i submitted my application. So it will be 'OK' if i write a letter to UKBA and mentioning about the allowance what is mentioned in the COS right?. The letter should be posted to the same address which i posted my application ?
with regards,
Karthik

[manci]

I didnt fill the annual allowance in the application form but my HR filled the annual allowance in the COS. But the salary matches according to SOC code. I submitted my application last week. Will it cause any problem manci. I am feeling worried now.

your salary and allowances in the application should have matched exactly with what is in the CoS. Suggest you write to UKBA asap and put right the omission.

Manci thanks for your reply
If i am writing to UKBA, i have to refer the application reference number which is mentioned in acknowledgement letter. Still i didnt receive it beasue last week only i submitted my application. So it will be 'OK' if i write a letter to UKBA and mentioning about the allowance what is mentioned in the COS right?. The letter should be posted to the same address which i posted my application ? yes, post it to the same address as recorded or special delivery and send with the letter copy of pages 9-10 of the application (personal details) and a copy of your passport page with the visa (or BRP if you have one) - these will identify you.

with regards,
Karthik

[karthiktr]

I didnt fill the annual allowance in the application form but my HR filled the annual allowance in the COS. But the salary matches according to SOC code. I submitted my application last week. Will it cause any problem manci. I am feeling worried now.

your salary and allowances in the application should have matched exactly with what is in the CoS. Suggest you write to UKBA asap and put right the omission.

Manci thanks for your reply
If i am writing to UKBA, i have to refer the application reference number which is mentioned in acknowledgement letter. Still i didnt receive it beasue last week only i submitted my application. So it will be 'OK' if i write a letter to UKBA and mentioning about the allowance what is mentioned in the COS right?. The letter should be posted to the same address which i posted my application ? yes, post it to the same address as recorded or special delivery and send with the letter copy of pages 9-10 of the application (personal details) and a copy of your passport page with the visa (or BRP if you have one) - these will identify you.

with regards,
Karthik

Hi manci,
Yeah ill send the letter as you said. I got the acknowledgement letter yesterday. I will send it by monday. Just need one info. What reason i can say for not filling the "Gross Annual Allowances" in application, Even my HR mentioned in COS. Please give me some advice manci.
Loads of thanks.

[manci]

your salary and allowances in the application should have matched exactly with what is in the CoS. Suggest you write to UKBA asap and put right the omission.

Manci thanks for your reply
If i am writing to UKBA, i have to refer the application reference number which is mentioned in acknowledgement letter. Still i didnt receive it beasue last week only i submitted my application. So it will be 'OK' if i write a letter to UKBA and mentioning about the allowance what is mentioned in the COS right?. The letter should be posted to the same address which i posted my application ? yes, post it to the same address as recorded or special delivery and send with the letter copy of pages 9-10 of the application (personal details) and a copy of your passport page with the visa (or BRP if you have one) - these will identify you.

with regards,
Karthik

Hi manci,
Yeah ill send the letter as you said. I got the acknowledgement letter yesterday. I will send it by monday. Just need one info. What reason i can say for not filling the "Gross Annual Allowances" in application, Even my HR mentioned in COS. .Oversight, and make your apologies.Please give me some advice manciLoads of thanks.

[karthiktr]

Manci thanks for your reply
If i am writing to UKBA, i have to refer the application reference number which is mentioned in acknowledgement letter. Still i didnt receive it beasue last week only i submitted my application. So it will be 'OK' if i write a letter to UKBA and mentioning about the allowance what is mentioned in the COS right?. The letter should be posted to the same address which i posted my application ? yes, post it to the same address as recorded or special delivery and send with the letter copy of pages 9-10 of the application (personal details) and a copy of your passport page with the visa (or BRP if you have one) - these will identify you.

with regards,
Karthik

Hi manci,
Yeah ill send the letter as you said. I got the acknowledgement letter yesterday. I will send it by monday. Just need one info. What reason i can say for not filling the "Gross Annual Allowances" in application, Even my HR mentioned in COS. .Oversight, and make your apologies.Please give me some advice manciLoads of thanks.

Thnaks manci...Below i added the letter. It is ok or still you need to add any more information. Anyway i will give to somebody to correct this and you can also identify my mistakes. Sorry if i am making any inconvenience.
Dear Sir,

I am recently discovered that i unfortunately missed the information of Section M12 in Page 33 of tier 2 application form.
It is due to the Sponsor license that we granted before 3 days of my Visa expire and i was hurry in able to submit the application.
The information i missed on Section M12 in page 33 of tier 2 application form has been oversight and i apologise for any inconvenience
that caused you. So please take this value 2000 for section M12 in page 33 of tier2 application form.
The same value mentioned in the COS (Certificate Of Sponsorship) while assiging by HR of my company.
With this letter i have attached the copy of passport details and copy of my personal details in the application form which i submitted to you.