Tier 2 General - salary above 20k but still refused in visa

kirik8 · Post by **kirik8** » Sat Mar 09, 2013 10:21 am

Hello,

I have just received a refusal in my Tier2 general visa (I'm switching from Tier1 PSW) with a following reason:

Your Certificate of Sponsorship states that your prospective employment most closely corresponds to occupation code 2132 on the Code of Practice (which are also specified under Appendix J in the Immigration Rules).

The minimum acceptable rate of pay for your prospective employment is 30,100 per annum

As your prospective salary is not at or above the minimum rate as specified in Codes oF Practice we not not consider it to be the appropriate rate for the job.

We have therefore been unable to award points for Appropriate Salary.

In http://www.ukba.homeoffice.gov.uk/visas ... te-salary/ it says £20,000 or more - 20 points. What is the point of that number? My salary is way more than 20.000 (and yet still below 30.1k).

Is 20k number completely irrelevant and superseded by the Code of Practice? Is there a point to appeal? What if my employer agrees to increase my salary to match the requirement?

kirik8 · Post by **kirik8** » Sat Mar 09, 2013 10:27 am

Just as an afterthought, it that Code of Practice there is a number of jobs that satisfy my current salary and can be matched to what I'm doing with a certain level of wiggling. The current name of the role is Software Engineer but my current role can also fit with Programmer, Graphics Programmer etc.

Can it work in the appeal?

Gagan1986 · Post by **Gagan1986** » Sat Mar 09, 2013 10:53 am

kirik8 wrote:Hello,

I have just received a refusal in my Tier2 general visa (I'm switching from Tier1 PSW) with a following reason:

Your Certificate of Sponsorship states that your prospective employment most closely corresponds to occupation code 2132 on the Code of Practice (which are also specified under Appendix J in the Immigration Rules).

The minimum acceptable rate of pay for your prospective employment is 30,100 per annum

As your prospective salary is not at or above the minimum rate as specified in Codes oF Practice we not not consider it to be the appropriate rate for the job.

We have therefore been unable to award points for Appropriate Salary.

In http://www.ukba.homeoffice.gov.uk/visas ... te-salary/ it says £20,000 or more - 20 points. What is the point of that number? My salary is way more than 20.000 (and yet still below 30.1k).

Is 20k number completely irrelevant and superseded by the Code of Practice? Is there a point to appeal? What if my employer agrees to increase my salary to match the requirement?

The minimum threshold to be eligible to apply for ILR is 20k, but you salary have to match the SOC you are applying for. If you have shown that you are applyin for the above SOC code, then your salary should have been 30k. If it falls under then it would get rejected which exactly happened.

sarimapa · Post by **sarimapa** » Mon Mar 11, 2013 4:44 pm

hi.. even I am refused for the same reason.. has your current visa expired..
have u decided what to do? has UKBA retained your Passport and Documents as they have retained mine.

Can you help please...

The Station Agent · Post by **The Station Agent** » Mon Mar 11, 2013 4:54 pm

The salary has to meet the code of practice (which states hourlay rates of pay that are acceptable in each job code). If it doesn't then the sponsor should not have issued the CoS.

kirik8 · Post by **kirik8** » Mon Mar 11, 2013 6:16 pm

sarimapa wrote:hi.. even I am refused for the same reason.. has your current visa expired..
have u decided what to do? has UKBA retained your Passport and Documents as they have retained mine.

Can you help please...

Hi, yes, my current stay has now expired.

I don't know if they retained my documents yet. In the Refusal letter it isn't stated anywhere.

Usually documents arrive after the application has been approved a couple of days later so I assumed it was the case. How did you discover that your documents have been retained?

sarimapa · Post by **sarimapa** » Mon Mar 11, 2013 6:45 pm

it says in the refusal letter, as the decision is made according to section 47, your documents have been retained by the UKBA...

have u consulted any lawyer.. if u have, can you please share what they say...

also have u thought of what you are gonna do now?

thanks...

kirik8 · Post by **kirik8** » Thu Mar 14, 2013 1:16 pm

Well, I decided to leave the UK and reapply from my home country. I still haven't got any of my documents back and sarimapa suggests they have been retained by the UKBA. So how am I supposed to reclaim them?

It doesn't say it in the refusal letter, is there a guidance for it?

sarimapa · Post by **sarimapa** » Thu Mar 14, 2013 1:31 pm

if you are returning back, then they must have give you option to leave voluntarily and some website details. i am assuming you should talk to them about how to get your passport without their assistance (or just financial assistance), but i am not exactly sure..

why are you not appealing anyway?

kirik8 · Post by **kirik8** » Thu Mar 14, 2013 2:51 pm

sarimapa wrote:why are you not appealing anyway?

I have contacted several law agencies and it looks like there is no legal ground for an appeal.

Just as a point of reference - to get the documents back you need to call in local immigration enforcement team and ask them to request the documents from the main office, which should take around 5 days.

sarimapa · Post by **sarimapa** » Thu Mar 14, 2013 2:56 pm

i agree..
but appealing can buy you some tym to search for a job at an alternative place.. or else won't you be jobless till you find one...

victorear · Post by **victorear** » Thu Mar 14, 2013 3:13 pm

just a quick question, i have been following this forum for information. my tier 2 application has been submitted since January but only yesterday the BA contacted my work place about the code used for my role to be changed as it is wrong, is this common?
the code as been changed by the HR department to meet my salary scale as at yesterday but i don't know what to except.

any idea?

kirik8 · Post by **kirik8** » Fri Mar 15, 2013 9:44 am

sarimapa wrote:i agree..
but appealing can buy you some tym to search for a job at an alternative place.. or else won't you be jobless till you find one...

True, but my current employer has agreed to assist me with my reapplication. After all, they messed up the docs.

2victorear
I haven't seen this before, but please keep us updated on it. This is something we tried to do in the first place.

damnmad · Post by **damnmad** » Fri Mar 15, 2013 9:55 am

Hello every one,

20,000 minimum is for any job, but for professional jobs UKBA had allotted some codes (SOC codes). When we are applying to T-2 with sponsorship we must use that code and salary must meet requirements. Please follow this below link for codes and salary requirements.

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

beware that they changed these codes and salary requirements(downgraded salaries for who are applying from PSW) from April 06.

victorear · Post by **victorear** » Fri Mar 15, 2013 12:00 pm

[quote="kirik8"][quote="sarimapa"]2victorear
I haven't seen this before, but please keep us updated on it. This is something we tried to do in the first place.[/quote]

i thought as much but i am waiting to see what the decision is going to be. i will update you ASAP

sarimapa · Post by **sarimapa** » Fri Mar 15, 2013 12:04 pm

to victorear

i don't understand how could dey didn't contact us to change our job title...

victorear · Post by **victorear** » Fri Mar 15, 2013 12:09 pm

[quote="sarimapa"]to victorear

i don't understand how could dey didn't contact us to change our job title...[/quote]

to be honest i am as confused as you are.

skraj · Post by **skraj** » Fri Mar 15, 2013 1:29 pm

Hi sarimapa & victorear,

What SOC code and job title, did you employer mention in your COS?

victorear · Post by **victorear** » Fri Mar 15, 2013 3:06 pm

i used the code in section O but i am not sure its right

victorear · Post by **victorear** » Mon Mar 25, 2013 10:05 am

I am sad to say that i was refused my application for tier 2 based on inappropriate code and i have been given an appeal but i don't know what to do.

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Tier 2 General - salary above 20k but still refused in visa

Tier 2 General - salary above 20k but still refused in visa

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