urgent- TIER 2 visa rejected due to wrong salary in COS

[dnavjai]

Hai

My Tier 2(General )Migrant switching from PSW has been rejected today(21-02-2012), please find the details below

PSW Visa Expiry Date:12-01-2012
Date of Application:07-12-2011
Date of Biometric done:21-12-2011
Visa Decision and date received: Refused and received the decision on 21-01-2012

In the reason for the refusal it states that i have received 20 points for my salary under appendix A of the immigration Rules but the salary in my Certificate of Sponsorship is not at or above the appropriate rate for the Job.therefor it has been decided as refusal.

My actual salary is 32K but my employer has given wrong salary in the COS applied(29K for 40 hrs).but for my Job code it has to be 28K for 37.5hrs, i missed the visa in 700 Pounds.

I have proof (My Payslips showing 32K for 40 hrs pw)

Can anyone guide me at this stage, will i be able to appeal for my case and any chance in getting the visa after my appeal.

If i can,when i should make the appeal and whats the procedure?

please kindly advise.

Thank you in advance.

[dnavjai]

please can someone reply, i would kindly appreciate your support

[rvp123]

you have 10 days from the date the decision was issued. Seek legal and company support for the appeal. Finally, PRAY that the decision goes your way.

[arsenal49]

its not ukba's fault that your employer put wrong information in COS.

chances of winning appeal is entirely upto the discretion of the presiding judge.

ukba will say, in their defence, that they acted within the rules and your salary was less than whats required.

you could, i suppose, submit an out of time application with correct COS details etc. but you will not get the right to appeal the decision if something goes wrong this time around.

by the way, care to tell us what was your SOC code/job title and name of your employer?

thanks

[dnavjai]

@rvp - Thank you for reply ,Yes that what my employer is suggesting as well, he is looking for a solicitor for appeal, fingers crossed.

@arsenal- Thank you for your reply
My COs code :2132
Job title: Test analyst

My employer found that the hours are mistaken and the salary is the correct one , he was not aware of this 37.5 hrs and 40 hrs, he wonder how come we gave 40 hrs per week as i work only 37.5 hrs and my sal package is 29K.we did a silly mistake and wondering what to do now.even if we keep 40 hrs the differenceis only 700 pounds.

we are looking for solicitor to appeal,not sure what are the chances of winning, if some one in the forum was in the same situation and if they have won the appeal, it would be great if they are willing to share their arguments.

fingers crossed and hoping for the best to happen !

[khans]

Hi,

My Tier-2 visa got rejected yesterday on the basis of the fact that my salary is less by 1,000 GBP than the what should be paid for the Job code that my HR used while applying for the licence. Now my job tittle is Junior Performance Consusltant and this title does not exixt in COP list. So my HR was asked to put the one that most closely matches my job description. The one that she chose and thought most closely matches my job description is Operations Analyst and is paid 27,000 GBP whereas my role pays 26,000. I do not understand how that explains that I should be getting the exact same salary as a job that does not exactly but most closely matches my job description.

I am switchin from tier 1 post study and have been working for my current employer for mopre than 6 months.

I am now taking the legal route to lodge my appeal.
Do you think i have a fair ground to appeal on ?

Quick response will be much appreciated.

Thanks

[SimiP]

Hi,

My tier 2 application got rejected on the same grounds - inappropriate salary. My Salary is 25k for 40hrs per week. My employer is ready to increase the same as per the requirements.

My question is could you please let me know what should be stated in the appeal and what was the outcome of your appeal.

[khans]

Hi,

Appeal won't help. There's no way it will be accepted!
Make a fresh application with a fresh CoS with the right salary.

hope that helps..

[SimiP]

Hi,

Thanks for your reply.

My employer ready to increase the salary as needed but the new salary will be in this month. Could you please let me know can i make a new application with the increased salary.

Also my visa expired on 30th dec 2012. Can I still make a fresh application??? My passport is not with me.

[SimiP]

Can anyone suggest on what SOC code should i use for Junior Software Tester????

[SimiP]

I request to please help me this.....
Can anyone just lemme know how do i make a fresh application??? I do not have my passport with me...

I have decided to make an appeal...will that help??


Please....please reply asap!!!!