Tier 2 Application Rejected - Salary problem (Help Urgent)

[mthila]

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?

You should be exempted from the RLMT in any case according the paragraph 78 of Appendix A which I took the advantage of.

You can withdraw the appeal and do a fresh application, but make sure that your salary is in the range with the new revision of Appendix J

According to my understanding, you are able to submit a new application if your appeal fails. This is because you are now under Section 3C and section 3C elapses with the decisions of the tribunal. But, there is a risk of, if you are given a court order to leave the country at the end of your hearing, then you won't be able to apply for leave to remain. Instead what you can do is, go to your home country and apply from there. But, if you apply from your home country, then you have to complete the RLMT!

Hope this helps and decision is up to you to make..!!

Good luck

[THIRUPATHI]

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?

You should be exempted from the RLMT in any case according the paragraph 78 of Appendix A which I took the advantage of.

You can withdraw the appeal and do a fresh application, but make sure that your salary is in the range with the new revision of Appendix J

According to my understanding, you are able to submit a new application if your appeal fails. This is because you are now under Section 3C and section 3C elapses with the decisions of the tribunal. But, there is a risk of, if you are given a court order to leave the country at the end of your hearing, then you won't be able to apply for leave to remain. Instead what you can do is, go to your home country and apply from there. But, if you apply from your home country, then you have to complete the RLMT!

Hope this helps and decision is up to you to make..!!

Good luck

Thanks for your reply mthila.

Now my salary is 31k per year. I don't think that will be a problem.

I have spoken to my solicitor and he was suggesting not to withdraw my appeal because I have to leave the job and I don't think my company will be happy if I have to leave for few weeks.

I am thinking to proceed with my appeal and see what happens. But as you said if I get rejected still I will be able to make fresh application.

Do you know anyone's appeal approved in the similar situation like me?

Thanks
Thiru

[SimiP]

Hi,

I was just wondering if anyone could share how to use the priority services for Tier 2....

This will be my second application. Can anyone give me complete details on how do i the postal priority service or PEO service to get my visa asap!!!

[swgirl]

Hey Simi -- I think there is a link online, I will try and find it but I went through a lawyer.

[mthila]

I was just wondering if anyone could share how to use the priority services for Tier 2....

This will be my second application. Can anyone give me complete details on how do i the postal priority service or PEO service to get my visa asap!!!

If you want PEO service and you want an appointment ASAP, then you will have to go through a law firm which will be expensive but worthwhile.
Priority Postal Service: [http://www.admin.ox.ac.uk/media/global/ ... _2012).pdf] (Copy this link and past it in your address bar)
You also can email your queries: prioritypostalrequests@homeoffice.gsi.gov.uk

[manci]

http://www.ukba.homeoffice.gov.uk/visas ... -priority/

[SimiP]

Thanks a lot!!!!!

I am planning to do this without a solicitor as it is very expensive and i have to bear it all.....

Could you please mention some key points that should be taken into account as this will be my second application and I dnt have my passport with me.

[yash286]

Hi,

I have a question about the postal priority (pilot) service which ensures visa decision in 10 days. Can someone tell me if this service can be used while converting from PSW to Tier 2 (General) (for the same company)? I've read conflicting information that this priotiy postal category is only for extension of current Tier 2 holders only or for people changing their company of work.
Any clarification on this will be appreciated.

Thanks

[swgirl]

I got my visa 2 weeks ago, I converted from PSW to Tier 2.

[harishpraveen]

My PSW visa expires on 28 feb 2013 and I made an application for Tier 2 skilled worker on 26 feb 2013. My application got rejected due to inappropriate salary.
My employer has given a wrong job description and selected wrong SOC codes as Managers. I am paid currently 25k and UKBA has confirmed us back stating it should be 41k. UKBA has not returned my passport and documents.
What is the best thing to do?
a. Make appeal and explain my employer mistake
b. In how many days I need make appeal

b. or Make fresh application with covering letter stating the employer mistake [ How can I make a fresh application as my passport is with UKBA]
---------------------------------------------------------

can I work during the period of my fresh application?

Is it possible to make a fresh application, if appeal has been rejected for tier2 salary?

Please please reply to it.

Many thanks in advance.

[mthila]

My PSW visa expires on 28 feb 2013 and I made an application for Tier 2 skilled worker on 26 feb 2013. My application got rejected due to inappropriate salary.
My employer has given a wrong job description and selected wrong SOC codes as Managers. I am paid currently 25k and UKBA has confirmed us back stating it should be 41k. UKBA has not returned my passport and documents.
What is the best thing to do?
a. Make appeal and explain my employer mistake
b. In how many days I need make appeal

b. or Make fresh application with covering letter stating the employer mistake [ How can I make a fresh application as my passport is with UKBA]
---------------------------------------------------------

can I work during the period of my fresh application?

Is it possible to make a fresh application, if appeal has been rejected for tier2 salary?

Please please reply to it.

Many thanks in advance.

Read this thread and this link first from which you will find lot of useful information

[manci]

my cousins tier 4 - tier 2 application made within 28 day of receiving initial tier 4 refusal-tier 2 refusal. (initial was refused because salary was wrong)

decision came back today via 10 day priority service it was refused..they gave points for maintenance , engl lang, and 20 points for app salary but said cannot give 30 points for cos as

'not satisfied that you have current entry clearance, leave to enter, leave to remain which has not expired as a :

a tier 4 general migrant
a student
a student nurse
......
......
It is therefore decided that you do not meet the requirements of the immigration rules in order to be granted leave as a tier 2 migrant...

my cousin is in tears, but the UKBA are clearly wrong ..the IMM RULES DO NOT SAY 'CURRENT LEAVE TO REMAIN' the rules were changed and March 2013 statment of changes show the change from 'current leave' to 'the applicant must have, orr have lastttttttttt been granted, entry clearance, leave to enter or leave to remainnnnn as a Tier 4 migrant. and so she did last have leave as a tier 4 migrant.


further states that, you do not have current leave as a tier 4 migrant as specified in appendix a of the imm rules (which we know does not say you need current leave appendix a says last been granted leave to remain). You do not therefore qualify for any of the exemptions in order for you to be awarded points for sponsorship without the need for sponsor to show they have performed a rlmt as defined in appendix a of the imm rules.

she does meet all rules as last had leave as tier 4, and 245p allows app in 28 days overstay period (S3c extended until decision made in intial app). but they have not really mentioned anything re s3c or the 28 day overstay so think they understand this bit was fine. but the cover letter clearly had a copy paste of 'appendix a rlmt exemption' which stated you only need to have last had leave so assuming she never read cover letter

says has leave uk in 10 days from letter, she is going to fax letter to caseworker and post letter and try email. will having second app refused impact entry clerance app? she will def leave within 10 days but hoping caseworker reviews her decision or will say we will JR it...

imp thing i have noticed is that the tier 2 policy guidance states on the first page 'version 04/2013' so ukba caseworkers are referring to this as the up to date, but if you see the footer of every other page of this tier 2 guidance it still states version 12/2012 which means it has not been updated as FOOTER of the other pages of guidance always say 04/2013. the caseworker has not bothered to read imm rules even though she has referred to them she has only bothered to read guidance as it it the out of date tier 2 guidance which states you need current leave to remain as student.

Since your cousin used the priority service I assume a) that her application was made after 6 April and b) that at the time of the application she was within the 28 day grace period.

Immigration Rule 245HD(b)(ii)(1) is quite clear that for switching from T4 to T2G current leave is no longer a requirement.

re. the RLMT see:
http://www.immigrationboards.com/viewto ... iscrepancy

You have done the right thing in trying to contact the case worker and pointing out the above. Hopefully there is a fax number on the refusal letter. The caseworker's email address would be: firstname.lastname@ukba.gsi.gov.uk

Please keep the forum posted on developments.

[SHEZADMALIK]

PLEASE LET ME KNOW WHAT SHOULD I DO NOW MY SECOND APPLICATION IS REFUSED DUE TO NVQ LEVE 4 JOB. YOU CAN ONLY APPLY FOR NVQ LEVEL 6 JOBS NOW. I have no appeal of right now very bad news

[nisarmalik]

Hi shezad
U have to put complete information of ur applications and rejection..
No one can help like this.
According the new laws for new tier 2 application the job should be on nqf level 6 only.

[Jarhie]

Hi Mthila

Did you go with your passport for the PEO or your passport was already at the UKBA?

regards

Jarchie

[mthila]

Did you go with your passport for the PEO or your passport was already at the UKBA?

It was in the UKBA Sheffield office. My decision was given on the following day and it came positive.

[lindalaila]

Hi mthila,
I am currently facing a similar situation as yours and looking for some answers. Could you please help me by answering these questions?
Did you go to the PEO on your own or were you helped by a solicitor (if yes could you please let me know which one?)
Did you have to agree with them in advance that you would come without your passport as it was detained by them?
Please let me know as soon as possible.
Regards