Tier 2 refused Wrong SOC code outside uk ... need help

[Moiz khan]

HI ,

i have applied for the Tier 2 general with complete docs and COS but recently had a refusal on the grounds of inapproriate salary ... basically my employer used a wrong job code which is 2129 minimun salary for new entrant is 23,600 ....but my job title falls under code 2139 which minimum salary 20,300..and on my COS my gross is 20,400 ... i spoke to my employer and they accepted that thay have made a mistake in chosing a right code.

i was given a chance of administrative review and i have a limited right of appeal to the grounds reffered to in sec 84(1)(c) .

i need suggestions on either i go for the Administrative review and try to explain the mistake .

or,

should i go for the fresh application and ask for the new COS from my employer and re-apply.

Regards,
Moiz

[manci]

Administrative reviews are for cases where the applicant believes that the refusal decision was erroneous. This is not your case as the decision was correct. New evidence cannot be put forward as part of an application for administrative review.

You will need to re-apply with a new restricted CoS.

[Moiz khan]

right i got your point , chosing a wrong Soc code is a mistake from the employer nothing to do with the immigration officer their decision stands ..

should i ask my empolyer to get in touch with the UKBA and see if they can do something to revert the decision ..

Or

simply my employer have to issue me a new RCOS with correct SOC code .. is it possible for them to get another RCOS for the Me without any problem or they have to redo the Labour market test .

Regards,
Moiz

[manci]

right i got your point , chosing a wrong Soc code is a mistake from the employer nothing to do with the immigration officer their decision stands ..

should i ask my empolyer to get in touch with the UKBA and see if they can do something to revert the decision .. they could try, there have been a few cases reported on the forum where it worked. They should clearly state that it was a mistake/oversight on their part
Or

simply my employer have to issue me a new RCOS with correct SOC code .. is it possible for them to get another RCOS for the Me without any problem or they have to redo the Labour market test. A RLMT test is valid for 6 months
Regards,
Moiz

[Moiz khan]

thnx Manci just couple more questions plz..

1.how long will it take to get a new RCOS for my employer

2.will i be able to apply starightaway after reciving a new RCOS or i have to wait some time after refusal like is there any cool off time .

Reagrds,
Moiz

[manci]

thnx Manci just couple more questions plz..

1.how long will it take to get a new RCOS for my employer Applications received by the 5th of a month are decided on the 11th of the same month

2.will i be able to apply starightaway after reciving a new RCOS or i have to wait some time after refusal like is there any cool off time . No waiting, you can apply for entry clearance straight away after having been assigned the RCoS
Reagrds,
Moiz

[Moiz khan]

Thnk you Manci for your kind responce ..