Tier 2 Application Rejected - Salary problem (Help Urgent)

[mthila]

Hello,

My application for Tier 2 General has been refused as my job category should have £22300 annual salary but my current salary is £1200 less.
(I applied in the category - Tier 4 graduate switching to Tier 2 General)

My sponsoring company is happy to give me a pay rise and any required documents for an appeal. I only have 9 days left to do anything.

Could anybody advice me what is the best thing to do? is it possible for me to appeal with revised salary?

Many thanks for any help in advance!!!

[swgirl]

I just went through this:

http://www.immigrationboards.com/viewtopic.php?t=131069

[mthila]

I just went through this:

http://www.immigrationboards.com/viewtopic.php?t=131069

Hello swgirl,

Thank you for your reply. I read your thread and found it very helpful. But, how did you go about re-applying without documents? Also, do we have to apply only after the provision for appealing expires?

[manci]

Thank you for your reply. I read your thread and found it very helpful. But, how did you go about re-applying without documents? Also, do we have to apply only after the provision for appealing expires?

If you decide to re-apply send a copy of your refusal letter and a covering note saying that the documents you could not enclose are with UKBA.

Note that there are new SOC codes, min. salaries, etc. since 6 April.

Once you have a new CoS you can re-apply any time within the 28 day period from the refusal and don't have to wait for the appeal period to expire.

You didn't read the thread swgirl provided the link for thoroughly enough. Read it again.

[mthila]

Thanks Manci.. But a few more questions..

1. So, am I an over-stayer after 10 days of the decision if I choose to re-apply which will affect if I want to apply for ILR some day?

2. Is it legal for me to work in the company after 10 days of the refusal? If I re-apply within 28 days, how long can I carry on working and when should I stop working?

3. Can this type of a case be dealt by PEO premium service?

[mthila]

All my questions above are answered..

I have one major problem which I am struggling to find an answer to..

When I first applied I was exempted from the resident labor market test. Now what everybody suggests and clearly feasible rout is to re-apply.

But my question is am I still exempted from the resident labor market test as I have been refused at the first time and my leave as Tier 4 student expired on 30th Oct 2012..!!

[manci]

All my questions above are answered..

I have one major problem which I am struggling to find an answer to..

When I first applied I was exempted from the resident labor market test. Now what everybody suggests and clearly feasible rout is to re-apply.

But my question is am I still exempted from the resident labor market test as I have been refused at the first time and my leave as Tier 4 student expired on 30th Oct 2012..!!

From the current (April 2013) Immigration Rules, Appednix A:
Resident Labour Market Test exemption applies
Post-Study Work
78B. In order for a Resident Labour Market Test exemption to apply for post-study work:
(a) the applicant must be applying for leave to remain,
(b) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as:
(1) a Tier 1 (Post-Study Work) Migrant,
........................
(4) a Tier 4 Migrant,

This April 2013 change in the Immigration Rules doesn't seem to be reflected in the Tier 2 policy guidnace 04/13, paras 91 and 92, which still state that current leave to remain is required for the RLMT exemption to apply.

[mthila]

All my questions above are answered..

I have one major problem which I am struggling to find an answer to..

When I first applied I was exempted from the resident labor market test. Now what everybody suggests and clearly feasible rout is to re-apply.

But my question is am I still exempted from the resident labor market test as I have been refused at the first time and my leave as Tier 4 student expired on 30th Oct 2012..!!

From the current (April 2013) Immigration Rules, Appednix A:
Resident Labour Market Test exemption applies
Post-Study Work
78B. In order for a Resident Labour Market Test exemption to apply for post-study work:
(a) the applicant must be applying for leave to remain,
(b) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as:
(1) a Tier 1 (Post-Study Work) Migrant,
........................
(4) a Tier 4 Migrant,

This April 2013 change in the Immigration Rules doesn't seem to be reflected in the Tier 2 policy guidnace 04/13, paras 91 and 92, which still state that current leave to remain is required for the RLMT exemption to apply.

Hello Manci,

Thank you very much for your advice..! in your opinion, do you think that I stand a chance to acquire the Visa if I apply without the RLMT according to the current situation? is it worth trying for me to submit a new application?

[manci]

The Immigration Rules are the law.

Suggest you call the UKBA helpline 0870 606 7766 and see if they can shed some light on what appears to be a discrepancy between the IR and the T2 policy guide

[mthila]

The Immigration Rules are the law.

Suggest you call the UKBA helpline 0870 606 7766 and see if they can shed some light on what appears to be a discrepancy between the IR and the T2 policy guide

I spoke to a UKBA adviser and what she told me was the immigration rule 78B applies only to Tier 1 Post-Study Work category and not to Tier2 (General) category as it states
78B. In order for a Resident Labour Market Test exemption to apply for post-study work:

I am confused because Tier 1 PSW rout is no more available and she (helpline advisor) says it is there for people who have been refused on PSW applications etc. and therefore I am hesitating to believe her!!

Any clarifications or help on this matter would be highly and heavily appreciated!!!

[SimiP]

hi mthila,

I am in the same situation as yours.

my tier 2 got rejected due to inappropriate salary and visa expired in dec 2012. I have appealed but also deciding to do a new application.

Could you please confirm that we are allowed to make a new application?? I am bit confused some on this forum say that u cannot re-apply and when i spoke to UKBA they say u can still apply.

I will also try to contact UKBA and see if I can get some details regarding RMLT.

[mthila]

hi mthila,

I am in the same situation as yours.

my tier 2 got rejected due to inappropriate salary and visa expired in dec 2012. I have appealed but also deciding to do a new application.

Could you please confirm that we are allowed to make a new application?? I am bit confused some on this forum say that u cannot re-apply and when i spoke to UKBA they say u can still apply.

I will also try to contact UKBA and see if I can get some details regarding RMLT.

From my conversation with the UKBA, it looks like Rejection and Refusal are 2 different things. Is your application rejected or refused?
My application has been refused with a right to appeal and the UKBA now says that I can't do a new application from inside the UK because I have been given the right to appeal.
All the information is contradicting and I am so confused at the moment!!!

[SimiP]

Hi,

Is this so?? Mine is same like yours...

Refused and have the right to appeal....Are you going to re-apply??? Please share how are you going abt this.

Thanks!!!

[mthila]

Hi,

Is this so?? Mine is same like yours...

Refused and have the right to appeal....Are you going to re-apply??? Please share how are you going abt this.

Thanks!!!

We are under leave to remain in the UK under the Section 3C of the immigration act of 1971
http://www.legislation.gov.uk/ukpga/1971/77/section/3C
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

According to those documents, whilst we are under section 3C we can not submit any new applications. But section 3C expires after the provision of right to appeal and what lawyers suggest is to do a new application after the 10 days because the UKBA has to consider an application made by an overstayer within 28 days of the refusal.

But manci (Guru of this forum) says we can do the new application even within those 10 days.. so, we stand a good chance to succeed a new application.

[SimiP]

Yes, I have consulted the GURU as well.

Its just that I am getting confused as some say we can and some we cannot.
So clearly, is it that I can submit a new application if my appeal gets refused??

I am sorry if this is being repeated again and again. its just that i am not at all sure on this.

[mthila]

Yes, I have consulted the GURU as well.

Its just that I am getting confused as some say we can and some we cannot.
So clearly, is it that I can submit a new application if my appeal gets refused??

I am sorry if this is being repeated again and again. its just that i am not at all sure on this.

With the refusal of the appeal, you become an overstayer. If you manage to submit an application within 28 days of the refusal of the appeal, according to my knowledge, the UKBA should consider the application. But until that application is decided, you can't work in the UK!

[manci]

The Immigration Rules are the law.

Suggest you call the UKBA helpline 0870 606 7766 and see if they can shed some light on what appears to be a discrepancy between the IR and the T2 policy guide

I spoke to a UKBA adviser and what she told me was the immigration rule 78B applies only to Tier 1 Post-Study Work category ....

Here is the full text and the link to para 78B in Appendix A of the Immigration Rules:
http://www.ukba.homeoffice.gov.uk/polic ... appendixa/
Post Study Work
78B.
In order for a Resident Labour Market Test exemption to apply for post-study work:

(a) the applicant must be applying for leave to remain,

(b) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as:

(1) a Tier 1 (Post-Study Work) Migrant,
(2) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(3) a Participant in the Fresh Talent: Working in Scotland Scheme,
(4) a Tier 4 Migrant,
(5) a Student,
(6) a Student Nurse,
(7) a Student Re-Sitting an Examination,
(8) a Person Writing Up a Thesis,
(9) an Overseas Qualified Nurse or Midwife,
(10) a Postgraduate Doctor or Dentist, or
(11) a Student Union Sabbatical Officer,

and

(c) Where (b)(4) to (11) apply, the applicant must meet the requirements of paragraph 245HD(d) of these Rules.

the link to Immigration Rule 245HD(d) referred to above, which is to do with your degree, is here:
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Suggest you call UKBA again and refer to the text of 78B as above. If they quote the T2 policy guidance refer them to 78B which is the law.

[SimiP]

Yes, I have consulted the GURU as well.

Its just that I am getting confused as some say we can and some we cannot.
So clearly, is it that I can submit a new application if my appeal gets refused??

I am sorry if this is being repeated again and again. its just that i am not at all sure on this.

With the refusal of the appeal, you become an overstayer. If you manage to submit an application within 28 days of the refusal of the appeal, according to my knowledge, the UKBA should consider the application. But until that application is decided, you can't work in the UK!

Thanks!!!!
Are you sure???...My visa expired dec 2012. Actually I am getting different answers to my query so getting tensed and cant decide on whether I should go for a new application....

[elaya555]

The Immigration Rules are the law.

Suggest you call the UKBA helpline 0870 606 7766 and see if they can shed some light on what appears to be a discrepancy between the IR and the T2 policy guide

I spoke to a UKBA adviser and what she told me was the immigration rule 78B applies only to Tier 1 Post-Study Work category ....

Here is the full text and the link to para 78B in Appendix A of the Immigration Rules:
http://www.ukba.homeoffice.gov.uk/polic ... appendixa/
Post Study Work
78B.
In order for a Resident Labour Market Test exemption to apply for post-study work:

(a) the applicant must be applying for leave to remain,

(b) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as:

(1) a Tier 1 (Post-Study Work) Migrant,
(2) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(3) a Participant in the Fresh Talent: Working in Scotland Scheme,
(4) a Tier 4 Migrant,
(5) a Student,
(6) a Student Nurse,
(7) a Student Re-Sitting an Examination,
(8) a Person Writing Up a Thesis,
(9) an Overseas Qualified Nurse or Midwife,
(10) a Postgraduate Doctor or Dentist, or
(11) a Student Union Sabbatical Officer,

and

(c) Where (b)(4) to (11) apply, the applicant must meet the requirements of paragraph 245HD(d) of these Rules.

the link to Immigration Rule 245HD(d) referred to above, which is to do with your degree, is here:
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Suggest you call UKBA again and refer to the text of 78B as above. If they quote the T2 policy guidance refer them to 78B which is the law.

Hello,

Date of initial application : 12th Feb 2013
Date of Leave to Remain (PSW) : 14th Feb 2013
Date of Refusal Letter : 23rd March 2013
Date of Appeal : 8th April 2013

I made an in-time appeal and now I am planning to make a fresh application but i am not quite sure whether i can do that as i am ran out of that 28 days from the time of my refusal.

some solicitors advised me that i CAN able to submit a fresh application as i made in-time appeal and therefore the 28 days grace time will start only the day when i withdraw an appeal.

please tell me whether its correct or not? thank you in advance

pls Manci or anyone reply waiting for your answers....

[simrun123]

hi manci, i hope you are well.
Please could you give your opinion on this.

My best friends tier 4 to tier 2 switch visa has been refused due to employers mess up with salary and job titles . still have a lot days left from 28 days from refusal date on notice letter. I have been round this forum but cannot find out if can submit fresh application. thinking of submitting within 10 day tier 2 priority postal service to speed decision up.

The relevant imm rules for switching into tier 2 state:

have, or have last been granted, entry clearance, leave to enter or leave to remain as:


(1) a Tier 4 Migrant,

does that mean no current leave is required. she is gong to make argument that her leave was extended by s3c whilst waiting a decision and then when decision made has 28 days from that date is permitted to make app as per paragraph 245hd p) = "The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded."

Does this make sense to you or should she argue otherwise?

One last thing as switching from tier 4 hoping wont need meet RLMT again, what do you think? reading comments above i think UKBA have misadvised since i thought you did not need to do a RLMT for PSW, so the rules you stated must be the rules that apply and they do not state current leave, even if the guidance states you must have current i thought the imm rules always supersede?

i will let you know if this is successful or not, do you know any one on this forum who has been successful with tier 4 to tier 2 switch after first refusal and app being made within 28 day period?

realllllly appreciate your help and god bless you for all you do for people...xxx

[manci]

your friend can apply during the 28 day grace period counted from the date of the refusal letter. There is no need to make any argument, UKBA know the rules.

As regards RLMT there is an apparent discrepancy between the Immigration Rules and the Tier 2 policy guidance. (detaIls above). Suggest you call the helpline and ask for clarification. Post on the forum what answer you got.

[mthila]

I made an in-time appeal and now I am planning to make a fresh application but i am not quite sure whether i can do that as i am ran out of that 28 days from the time of my refusal.

some solicitors advised me that i CAN able to submit a fresh application as i made in-time appeal and therefore the 28 days grace time will start only the day when i withdraw an appeal.

please tell me whether its correct or not?.

The section 3C of immigration act 1971 allows you to live in the UK with valid leave to remain during your appeal period as you have already appealed. It stops if you withdraw an appeal and you have 28 more days to remain in this country to "pack your bags..!" during this time you can make a fresh application and I'd suggest you to use either priority postal service or PEO because since the day you withdraw your appeal, you become an over-stayer and I guess you don't want to remain as an over-stayer for long!

[mthila]

My best friends tier 4 to tier 2 switch visa has been refused due to employers mess up with salary and job titles . still have a lot days left from 28 days from refusal date on notice letter. I have been round this forum but cannot find out if can submit fresh application. thinking of submitting within 10 day tier 2 priority postal service to speed decision up.

I just went through the exact same situation and I overcame the problems with a fresh application. I was switching from Tier 4 to Tier 2

Here is what I did;

1. Fill a new application which is valid from 6th April 2013 for Tier 2 Gen
2. Get a new CoS from the employer with the category -> Tire 2 General (Tier 4 Migrant switching to Tier 2)
3. Get a new offer letter from the employer
NB when getting the offer letter and the CoS please be careful about the new salaries specified for SOC codes after 6th April 2013
4. Write a covering letter explaining
a) Your previous application was refused under xxx grounds and we have now fixed them now
b) You have not over stayed more than 28 days, so that the application is not refused under general grounds
c) You are exempted from the RLMT as per Paragraph 78(B) of Appendix A of the Immigration act of 1971
d) All the supporting documents including the passport, Degree certificate and transcripts are being held by the UKBA
5. Enclose 2 recent passport size photographs and copies of the documents from the earlier application including the refusal letter

Pray to god and submit the application.. I booked a PEO appointment to submit my application and I received the decision in favor of me after 1 day...!!!

Hope this helps

[mthila]

your friend can apply during the 28 day grace period counted from the date of the refusal letter. There is no need to make any argument, UKBA know the rules.

As regards RLMT there is an apparent discrepancy between the Immigration Rules and the Tier 2 policy guidance. (detaIls above). Suggest you call the helpline and ask for clarification. Post on the forum what answer you got.

In my case, I stated what law says in my cover letter and they accepted it and granted me the visa!

[THIRUPATHI]

your friend can apply during the 28 day grace period counted from the date of the refusal letter. There is no need to make any argument, UKBA know the rules.

As regards RLMT there is an apparent discrepancy between the Immigration Rules and the Tier 2 policy guidance. (detaIls above). Suggest you call the helpline and ask for clarification. Post on the forum what answer you got.

In my case, I stated what law says in my cover letter and they accepted it and granted me the visa!

Hi mthila,

I have a similar situation, can you help with few questions plz.

My case:
1. Tier 2 General application lodged on 26-Nov-2012 using postal service
2. My previous visa was PSW & expired on 13-Dec-2012
3. My company gave me a CoS with wrong JOB TITLE.
4. I have got refused and received the refusal letter on 10-Jan-2013
5. Appeal lodged on 24-Jan-2013 within 10 days
6. Court hearing date is confirmed for next month.

In the CoS they give 2132 soc code with JOB TITLE "Software Engineer" but i was working as "Graduate Software Engineer" at that time of my application and earning 24K. which would have enough for "Graduate developer" job title.

The word missing "Graduate" caused all sorts of problems in my application.

Now in yearly reviews i have been promoted as "Software Engineer" with 31k per year.

My company gave me letter saying that was their mistake in the CoS and also they are willing to come to court hearing.

1. Do you think i should withdraw my appeal and re-apply with fresh application using new job title, new salary, new soc code 2136 and also most importantly a covering letter?
2. If question 1 is yes, then will i be exempted from RLMT?
3. Let's i have gone for appeal and got refused. will i have chance to make fresh application?
4. If question 3 is yes, then will i be exempted from RLMT?

please help me whatever you can?

Thanks,
Thiru