Tier 2 visa - refused due to wrong SOC code - my story

[rachelsaver]

Hi all,

I promise I'll fill in with dates and info later, but it's late and I have some celebrating to do! Just wanted to share the quickie of my story.

I was on a PSW (expiring feb 19th) and applied for a tier 2 sponsored visa on January 25th, 2013.

On April 8th the application was denied because my salary did not match the SOC code, but i realized the SOC code did not match my job.

I hired a lawyer to sort it out for me and he filed an appeal. I know I probably could have just gotten a new COS from work and reapplied but I was afraid. At least I knew this was the "official" way to do it.

The appeal was filed April 11th. With it were letters from me and my employer saying it was their mistake, they realized they had applied the wrong SOC code.

On June 13th I received a court date scheduled for September 19th

On June 22nd my Lawyer apparently got in touch with the home office, who agreed to review the case before it went to court.

On June 26th the court date was canceled by the UKBA

Today (June 28th) I received my passport and biometric residence permit in the post.

I will outline more details later, I'm so thrilled to finally have this sorted out, good luck to everyone who is in this situation, I hope you all have happy endings to your stories!

[I VE A LIFE WITHOUT TIER2]

Congrats.. that's good news, I can imagine how happy you are right now.

I am in the same situation (switching from tier 4 to tier 2). Current leave expiring 25th May and I applied 7th May. Mine was refused because I didn't stamp my Natwest Bank statement (Got it at my branch and over the counter and it never occurred to me I had to stamp it since they said Ad hoc was acceptable) UKBA claim its a photocopy and should have been authenticated with stamp and signature.

got refusal letter on the 8th june, appealed online on the 21st (Extension/Varying of leave under section 3c immigration rules would not let me reapply) but the lazy lawyers I have hired are yet to send in documents to the tribual after charging a fortune.

Once again congrats...your post has given those of us in similar situation hope...

Enjoy it.

[reflection]

Hi rachelsaver,

Thanks for sharing your experience. i am having an almost same issue. not sure its ok or wrong?
i have applied for a company for finance post. and successfully recruited. now they want to sponsor as tier 2 (General). but when they asked me about SOC code of UKBA, i recommend to choose code 3538 Financial accounts managers. now not sure is that right code or not? SOC code Job description closely match with my job description. but confused about title.

please advice and suggest what i do. though i already book an appointment for in person service and COS already issued.

Thanks

[grif-fin]

Hi rachelsaver!

Happy you've got it done! Since they maybe so many people here in your situation could you pass us the contact details or company name of your lawyers please?

This would be helpful for many people if those lawyers know what they are doing.

Cheers!

[process]

Hi,

Its so good to hear some success stories. I am unfortunately in the same position UKBA rejected my application because my salary was lower than what is in the code of practice for my SOC. My visa expires tomorrow and I was not been given right to appeal but i want to ask a solicitor to help me with this situation.
Are there any tried and tested options I can take? How can my employer help me in this situation because they are not ready raise my salary at the moment. I was told the SOC is what the UKBA offered them although it does not really meet my salary.
Please help!

[rachelsaver]

The law firm i used are based in Cardiff, called Albany Solicitors.

Their website is www.albany-solicitors.co.uk/

They are not cheap but I have my visa so for me it was worth it.

Good luck all.

[Raj86guy]

Hello
We are very much in the same situation my husband is in uk on psw and his company wants to apply for tier 4 sponsorship licence so they can sponsor him. Currently he is working as sales manager with the company.
In the licence application comapny stated that they will pay £22k as per requirements. But UKVI refused the application stating that currently theyare apaying him 6.31 per hour which is not appropriate.
What should we do now current visa is expiring 28th of this month.
Thanks