Tier 2 Visa refused because of salary- Urgent help

[THIRUPATHI]

Hi,

After my employer got the sponsorship they given me a unrestricted CoS on 19th Nov 2012 with Job Title SOFTWARE ENGINEER and 24K per year. I have made my application on 26th Nov 2012 and My previous visa was PSW expired on 13th Dec 2012. But my actual Job title was Graduate Software Engineer. So it's all gone wrong on my job title and i didn't get points for appropriate salary.

Now i have launched an appeal (oral hearing) with a letter from my company by saying it was mistake and we did not know there were more job titles within that code (Honestly we don't know) and also additional evidence as original offer letter to support my job title as Graduate Software Engineer.

We have reviews every year ending, so in dec i have been promoted to SOFTWARE ENGINEER and my salary is been increased to 31k. Now i have got a payslip to show as evidence if i need for court hearing.

So now i have couple questions to ask you. please help me if you can,
1. as my PSW visa expired on 13th Dec 2012 do you think i can withdraw my appeal and resubmit the fresh application with new CoS?.
2. Or should i proceed with my appeal as it was human mistake and will I get success in my case or not?.

Anyone's help on my case much appreciated, thanks.

[THIRUPATHI]

Hi,

After my employer got the sponsorship they given me a unrestricted CoS on 19th Nov 2012 with Job Title SOFTWARE ENGINEER and 24K per year. I have made my application on 26th Nov 2012 and My previous visa was PSW expired on 13th Dec 2012. But my actual Job title was Graduate Software Engineer. So it's all gone wrong on my job title and i didn't get points for appropriate salary.

Now i have launched an appeal (oral hearing) with a letter from my company by saying it was mistake and we did not know there were more job titles within that code (Honestly we don't know) and also additional evidence as original offer letter to support my job title as Graduate Software Engineer.

We have reviews every year ending, so in dec i have been promoted to SOFTWARE ENGINEER and my salary is been increased to 31k. Now i have got a payslip to show as evidence if i need for court hearing.

So now i have couple questions to ask you. please help me if you can,
1. as my PSW visa expired on 13th Dec 2012 do you think i can withdraw my appeal and resubmit the fresh application with new CoS?.
2. Or should i proceed with my appeal as it was human mistake and will I get success in my case or not?.

Anyone's help on my case much appreciated, thanks.

Can anyone help on my case please..I just need some guidance what to do next?

Thanks in advance..

[pja]

Hello Thirupathi

I dont think you can withdraw the appeal and submit a fresh application as your visa is expired and you currently do not have any visa.

I am not the best person to answer your second question and you can try and put together all the evidence and speak to a solicitor

Hope it sorts out for you.

[SeetharamaR]

Hi Thirupathi,
I have a similar problem as that of yours . In my case Tier 2 was rejected because while applying CoS mine was mentioned as 40 hour week where as the salary mentioned in CoS will be considered by UKBA only if it is 37.5 hour week.

In your case as the evidences aftermath your submission are clear to support your role as Software Engineer with appropriate salary, It is better if you appeal providing all the evidences.

Not sure if you can go for re-applying as your validity expired.

Please post your progress.

best regards,
Seetharama

[THIRUPATHI]

Hello Thirupathi

I dont think you can withdraw the appeal and submit a fresh application as your visa is expired and you currently do not have any visa.

I am not the best person to answer your second question and you can try and put together all the evidence and speak to a solicitor

Hope it sorts out for you.

Thank you pja.

i have seen one another post in this forum. He had similar situation and he withdrawn the appeal and made a fresh application after his visa expired. So that made to think about that option. As you said i will wait and see what happens in court.

Thanks a lot again.

[THIRUPATHI]

Hi Thirupathi,
I have a similar problem as that of yours . In my case Tier 2 was rejected because while applying CoS mine was mentioned as 40 hour week where as the salary mentioned in CoS will be considered by UKBA only if it is 37.5 hour week.

In your case as the evidences aftermath your submission are clear to support your role as Software Engineer with appropriate salary, It is better if you appeal providing all the evidences.

Not sure if you can go for re-applying as your validity expired.

Please post your progress.

best regards,
Seetharama

Thank you for your prompt reply and sorry for your refusal. Lets hope we will get success in our appeal.

[SeetharamaR]

Hi Thirupathi,
May I ask what steps did you take after the refusal? Did you apply for an appeal?
Do you know if there is an option to re-apply?
regards,
Seetharama

[THIRUPATHI]

Hi Thirupathi,
May I ask what steps did you take after the refusal? Did you apply for an appeal?
Do you know if there is an option to re-apply?
regards,
Seetharama

Yes i have lodged the appeal with the help of legal adviser. It was a mistake in CoS by CTO. He entered wrong Job Title it caused all sorts of problems. So he gave me letter by saying it was his mistake and request for reconsider my application.

It seems i don't have an option to re-apply because my visa was expired.

[IgorSHCH]

Hi THIRUPATHI,

May I ask you a question about the appeal you lodged? Did your legal adviser say there is a chance that you might win the appeal or you just trying to win some time(to do RLMT for example and then reapply from your home country)?

What worries me is that you are not allowed to provide new evidence during the appeal process and I'm just wondering what your legal advicer thinks your chance are.

Thanks a lot and good luck with your appeal.

Regards,
Igor

[THIRUPATHI]

Hi THIRUPATHI,

May I ask you a question about the appeal you lodged? Did your legal adviser say there is a chance that you might win the appeal or you just trying to win some time(to do RLMT for example and then reapply from your home country)?

What worries me is that you are not allowed to provide new evidence during the appeal process and I'm just wondering what your legal advicer thinks your chance are.

Thanks a lot and good luck with your appeal.

Regards,
Igor

He said it is 50-50 chance to win in the appeal and he didn't say anything about buying some time to do RLMT or reapply. As you said i know i am not supposed to provide any new evidence but it was just a letter by employer stating that it was a mistake and request for reconsideration. I did not do anything wrong in my application.

what are the odds do you think to win in my appeal?

Thanks,

[IgorSHCH]

Thanks for your reply, THIRUPATHI

I asked about what your lawyer said because I feel I might be in the same situation next week.

Did you go for oral or written appeal? And have you been told how much time roughly it will take?

I don't know if it's fortunate or not, but I have no experience(yet) with TIER 2 appeals, hence have nothing to say about your chances to win.. Except, good luck I guess.

Regards,
Igor

[THIRUPATHI]

Thanks for your reply, THIRUPATHI

I asked about what your lawyer said because I feel I might be in the same situation next week.

Did you go for oral or written appeal? And have you been told how much time roughly it will take?

I don't know if it's fortunate or not, but I have no experience(yet) with TIER 2 appeals, hence have nothing to say about your chances to win.. Except, good luck I guess.

Regards,
Igor

I have appealed for oral hearing my lawyer said it may take another couple of months to schedule for oral hearing in court.

[i_am_also_victim]

I have exactly same situation as you, we going to RE-apply, not sure what will happen!

[jibri]

Hi THIRUPATHI

As far as I know job title doesn't matter main is job role matters?

[THIRUPATHI]

Hi THIRUPATHI

As far as I know job title doesn't matter main is job role matters?

yes but my job title clearly matches with "SOFTWARE ENGINEER" and it requires £30,100 per year. i don't get that salary when i applied for Tier2 but now i have been promoted and getting more than that. i am not sure whether they accept this silly mistake and issue my visa or not in the court.

[alco]

can i possibly ask you the name of the company that did agree to offer ur friend a sponsorship letter for a tier 2 visa to begin with? all the companies i've been offered jobs by dont sponsor even if they are registered as sponsors on the ukba list.
any help would be much appreciated

[esic_sonia]

In my view, you have strong evidence to support your claim (e.g. salary slips). Therefore, going for appeal is a proper step. Since your previous visa is expired, you cannot re-apply unless you get 60 days notice. but, at the end of the day, its all about convincing the judge/magistrate at the hearing.

In most cases, ONLY if your Tier 2 sponsor withdraw your CAS from the system, UKBA will give you 60 days to file a fresh application.

[Greenie]

In my view, you have strong evidence to support your claim (e.g. salary slips). Therefore, going for appeal is a proper step. Since your previous visa is expired, you cannot re-apply unless you get 60 days notice. but, at the end of the day, its all about convincing the judge/magistrate at the hearing.

In most cases, ONLY if your Tier 2 sponsor withdraw your CAS from the system, UKBA will give you 60 days to file a fresh application.

This is completely incorrect. It is not about whether ukba 'give you 60 days to file a new application'. The rules state that as long as you don't apply more than 28 days after your leave has expired any overstay will be disregarded. You currently have leave an virtue of section 3C. You are therefore free to make another application if you wish although you cannot do so whilst you have 3c leave, you would have to either withdraw the appeal or wait until the appeal is dismissed and your deadline to appeal further has passed to reapply.

It is not 'all about convincing the judge at the hearing' as the judge is unable to consider evidence that was not submitted as part of your application, so the fact that your salary has now been increased is not relevant.

[SimiP]

Hi,

I am in the same boat...my application refused due to inappropriate salary.

I have right to appeal but i am not sure what reason should I state???

[THIRUPATHI]

In my view, you have strong evidence to support your claim (e.g. salary slips). Therefore, going for appeal is a proper step. Since your previous visa is expired, you cannot re-apply unless you get 60 days notice. but, at the end of the day, its all about convincing the judge/magistrate at the hearing.

In most cases, ONLY if your Tier 2 sponsor withdraw your CAS from the system, UKBA will give you 60 days to file a fresh application.

This is completely incorrect. It is not about whether ukba 'give you 60 days to file a new application'. The rules state that as long as you don't apply more than 28 days after your leave has expired any overstay will be disregarded. You currently have leave an virtue of section 3C. You are therefore free to make another application if you wish although you cannot do so whilst you have 3c leave, you would have to either withdraw the appeal or wait until the appeal is dismissed and your deadline to appeal further has passed to reapply.

It is not 'all about convincing the judge at the hearing' as the judge is unable to consider evidence that was not submitted as part of your application, so the fact that your salary has now been increased is not relevant.

Thank you for reply Greenie.
I have couple of questions based on your comment please correct me if i am wrong.

So if my appeal is not successful in the court hearing they will give me some more days for another appeal in the upper tribunal so in that time i can make fresh application. is that right?

If yes, that means my employer need to do labor market test for that role or not?
i guess i will require a new CoS with correct job and salary to make a fresh application.


Anyone help much appreciated.

[THIRUPATHI]

Hi,

I am in the same boat...my application refused due to inappropriate salary.

My salary is 25k and my role is junior software test engineer. They say it has to be 28k for test analyst. I have right to appeal but i am not sure what reason should I state???

Any ideas...Pls Help...I have started a new topic at Tier 2 refused - Inappropriate Salary too.

Sorry for duplicating this but I am very tensed. Pls Help soon!!!!!

i would suggest you to take legal advice from any solicitor and lodge the appeal accordingly first. But i am not sure on what grounds you can lodge the appeal. i have got refused based on very simple mistake wrong job title and now i am waiting for court hearing date.

[SimiP]

Hi,

Can I re-apply?? I dnt have my passport with me!!!

I am going to appeal but nt sure if this will work!!!

Please help....I and my employer are completely new to the entire process... I shall be thankful to all who can guide me in this situation!!!

Please Please reply asap!!!!