Tier 2 rejected. Help please?

[swgirl]

Hi,

Just so you don't make a mistake, the newest codes of practice say that salary needs to be calculated on a 39 hour week as opposed to the 37.5 that was being taken into consideration.

[elaya555]

Hi,

Just so you don't make a mistake, the newest codes of practice say that salary needs to be calculated on a 39 hour week as opposed to the 37.5 that was being taken into consideration.

@Swgirl..Thanks you so much for your response. Manci is really saves so many lives in this forum

Yes we did email to them directly as instructed by their staff through helpline. Anyway I will again today ask my manager to try.

We sent an email as urgent basis with attachment of my refusal letter.

By the way, how did you get the PRIORITY POSTAL SERVICE? through any solicitors?

Also did you make this fresh app through any representative? If yes, can you please advice who is that?

What did you submit with the application? any letters? any doc? Do we need to do the RLMT again?

[swgirl]

I believe you can apply for the priority postal service by yourself but I just didn't want to take another risk so I went to the lawyers. I consulted AD Themis and Davidson Morris.

[ncisgreat]

Those who are making new application out of time might get success now but you wont be eligible for ILR if thats ur target
When u make new application ur leave under section 3c wont be valid bcoz this leave was for ur previous application and u will be overstayer since ur visa expiry date..

I find maximum chance for winning appeal if the mistake is ur employers and if they are ready to make letter explaining the thing and admitting their mistake

One of my friend visa refused becoz of wrong code by his employer. He made an appeal. The judge allowed his appeal saying when decision was made correct information was not with caseworker. Therefore he finds decision is not according to law. He further explain decision is made on mistake of fact which is not fair for appallent

[swgirl]

Those who are making new application out of time might get success now but you wont be eligible for ILR if thats ur target
When u make new application ur leave under section 3c wont be valid bcoz this leave was for ur previous application and u will be overstayer since ur visa expiry date..

I find maximum chance for winning appeal if the mistake is ur employers and if they are ready to make letter explaining the thing and admitting their mistake

One of my friend visa refused becoz of wrong code by his employer. He made an appeal. The judge allowed his appeal saying when decision was made correct information was not with caseworker. Therefore he finds decision is not according to law. He further explain decision is made on mistake of fact which is not fair for appallent

I believe Section 3C lapses only after the 28 day overstay!

[ncisgreat]

Those who are making new application out of time might get success now but you wont be eligible for ILR if thats ur target
When u make new application ur leave under section 3c wont be valid bcoz this leave was for ur previous application and u will be overstayer since ur visa expiry date..

I find maximum chance for winning appeal if the mistake is ur employers and if they are ready to make letter explaining the thing and admitting their mistake

One of my friend visa refused becoz of wrong code by his employer. He made an appeal. The judge allowed his appeal saying when decision was made correct information was not with caseworker. Therefore he finds decision is not according to law. He further explain decision is made on mistake of fact which is not fair for appallent

I believe Section 3C lapses only after the 28 day overstay!

No.. See conditions for ILR... Only 10 days gap allowed in total 5 years

[mthila]

My previous leave was expired on 06/11/2012 and my visa refusal letter was dated 21/12/2012. I reapplied on 11/01/2013 as a fresh application and I got my Visa on 19/03/2013. they kept my passport and I made a fresh application by myself and I wrote a separate letter stating my previous application was refuse and passport is still with home office under the same application. they accepted my application and visa was granted.

Have you had the residential labor market test done or did you apply with exemption to it?

[elaya555]

Those who are making new application out of time might get success now but you wont be eligible for ILR if thats ur target
When u make new application ur leave under section 3c wont be valid bcoz this leave was for ur previous application and u will be overstayer since ur visa expiry date..

I find maximum chance for winning appeal if the mistake is ur employers and if they are ready to make letter explaining the thing and admitting their mistake

One of my friend visa refused becoz of wrong code by his employer. He made an appeal. The judge allowed his appeal saying when decision was made correct information was not with caseworker. Therefore he finds decision is not according to law. He further explain decision is made on mistake of fact which is not fair for appallent

I believe Section 3C lapses only after the 28 day overstay!

No.. See conditions for ILR... Only 10 days gap allowed in total 5 years

HI

What happened to your appeal? Did you get any reply from them?

thank you

[swgirl]

Hello all!

Just got a call from my lawyer saying that my visa has been approved! Such a relief -- thank you for all your help. Vinny and Manci -- you are the best!

[manci]

for the benefit of others could you please describe what exactly was done, and how, that led to you now having the visa?

[swgirl]

Okay so here goes -- my visa was rejected due to inappropriate salary. Due to the timing, I fell into the new bracket so my CoS has the new rules so minimum salary needs to be over 20,300 for a 39 hour week. We requested the CoS on the 3rd of April and they replied in 10 mins and said we would have the allocation on the 5th. My CoS was issued on the 6th and I sent my application in on the 9th, under the new rules. I had a lawyer this time and did a postal priority application. My letter came last Saturday, the 13th and I submitted my biometric on the 15th. Today, the 18th, my lawyer has informed me that they have approved it and the BRP has reached them.

[swgirl]

Other questions you may have --

1) Even if you visa was rejected before 5th April, if you plan to reapply now, you will have to adhere to the new rules.
2) I had 37.5 on my working hours but my salary was over the minimum. Calculate and make sure it is more than 20,300 for a 39 hour week before you apply.
3) I was on a PSW and hence not considered a new entrant.
4) I applied for a PhD level job so it's okay to use those codes -- I am on 2119. Use the new SOC codes.
5) No need for RLMT.

[ncisgreat]

This would b great help if u can give contact details of ur solicitor.. U can send me on a msg if u like[/list]

[manci]

.....I was on a PSW and hence not considered a new entrant.

???

[swgirl]

For salary criteria, because I was on a PSW, I am a new entrant, hence, the lower threshold applied to me.

[kaaru]

Hello SwGirl, my situation is more or less similar to that of yours. Did you apply for leave to remain in the UK and were you successful in attaining leave to remain in the UK without any problems.

It would be extremely helpful if you could get back to me at the earliest.

Many thanks

[swgirl]

Hi Kaaru -- yes from here itself. Very smooth process.

[kaaru]

Hello SwGirl, I am going to submit a fresh application for leave to remain in the UK under the 28 day windows period as we've spoken earlier in this forum. My question is, am I allowed to work when I've submitted a new application for leave to remain in the UK under Tier - 2. You were in the same situation and you were even successful in obtaining leave under Tier - 2 after you've submitted a fresh application in the 28 day window after the date of refusal.

Did you actually work when you submitted a fresh application or did you have to wait until a decision was made on your re - submitted application.

I look forward to hear from you.

Many thanks

[swgirl]

Well, you aren't allowed to work. I had a few deadlines so I did some work on the side but no, you are not allowed to work.

[swgirl]

Good luck with your reapplication!

[vrk]

kkkk

[mthila]

Now my question is, should I appeal or make a fresh application?

You do not stand a chance to win an appeal on this case (I went through a very similar situation). The best option for you is to re-apply.

Do a fresh application and in the fresh application you have to have the new SOC salary.

You would also need a new job offer letter which would also mention that your new salary will be greater than £21300 based on 39hr week.
If your actual working hours are 37.5, then you should have at least £20481 as your annual salary under new SOC (i.e. (21300/(52*39))*37.5*52) Which means your hourly rate should be at least £10.51

I waited until the time allowance to appeal expired and I applied with through a PEO appointment. I'd recommend you to use at least the priority postal service for your new application.

You are still exempted from the RMLT, and therefore there is no need to be worried about that

Good luck!!!!

[vrk]

Hi Mthila,

Thank you for the response.
But it does not answer my question completely though.

This time I would like to apply under a different soc code (3119) and under a different job title. under this code I only need to earn £19200 and not £21300.

My worry is since I will be applying under different soc will it cause problem or suspicion?

My job is kind of non-specific role as I am working only for work experience. So my company will be willing to sponsor me under any code as long as they have to pay me £19874.40 (current salary).

Please let me know.

[mthila]

My worry is since I will be applying under different soc will it cause problem or suspicion?

I believe that your documents have been retained by the UKBA.. so, if you do a new application, you will have to point them out to the previous application to claim the documents. In this situation, it would very likely cause suspicion if your new application is a completely different SOC code than the previous one..

I am not competent enough to answer this question.. Please take my answer only as an opinion.

[vrk]

Alright, Thanks anyways.
All my documents except my passport has been returned to me.