Rejected tier 2 visa

[eli]

Hi, my tier 2 visa application was refused and my documents (passport Mpharm cert) has been retained.

I am a pre-reg pharmacist and the reason of refusal was the salary hourly rate is below the minimum for my job. This is because although my annual salary meet the requirement of 20300 pounds, my boss wrote 41.3 working hour per week, so if they calculate by 39 hours per week i wont make enough a year.

I would like to make a new application instead of appealing, since it was my boss's mistake and he said he can change the working hour to 39 hours per week.

But is it possible to reapply without my documents?

My tier4 student visa is going to expire on 19/10/13

Please reply me, any help is appreciated

[manci]

For the re-application you will need a new CoS. Check if your sponsor has an allocation available, if not they should apply for one asap.

Once the new CoS has been assigned apply asap and before the expiry of your current leave. You may get your documents back from the HO but if when you apply they still haven't been returned list them and say on the application form that they are with the HO.

You may wish to go for a priority application or a PEO appointment because you will not be able to start work before your application is approved.

At section E10 of the application form explain that the reason for the previous refusal was a mistake by your sponsor re. hours of work.

[eli]

Hi thank you for the reply.
I will talk to the sponser about the new CoS.

My documents (passport and graduation cert are bring retained
and they did not mention when are they gonna be returned.
So do I just apply a fresh application with a cover letter saying that
The documents are with them?
Is there a time limit to do so?

Thank you for the help

[eli]

Sorry I missed out a ques, can I reapply straight away
without concerning the appeal issue?
Just ignore that and apply a new application

[manci]

if you don't appeal you can re-apply as soon as you have the CoS.

Re. the documents, write a covering letter but also note on the application form what the supporting documents are and where they are (the HO)

[ann771]

Hi eli

Does that hour 41.3 inclues the lunch break?

[eli]

Hi ann 771,

Yea the 41.3 included my lunch break.
Since we wont be paid for lunch break hours so that's why my hourly rate is
incorrect.

[ann771]

Your total working hours should be 41.3 Less lunch hours for a week

clearly your total hours have been overstated

[ShrutiBlue]

Your situation has got me worried as well! My boss wrote in £20300 as my salary (which is the minimum required for a PhD-level job) and my working hours as 42! I only applied last week, hope I had seen your post earlier!

[ann771]

hi ShrutiBlue

your application will be rejected unfortunately

you better prepare now, what needs to be done after a rejection.

Does the 42 includes lunch break though?

[ShrutiBlue]

Yeah, 42 hours include an hour of lunch break daily. Isn't there anything I can do before they decide? Fill up the Change in Circumstances form maybe and mention my changed work hours?

[ajek01]

If 42 includes 1 hour daily lunch break, your actual working hours is 42-5=37, which is what your employer should have put in the sms.

I think your employer could definitely write a covering letter, which might solve it.

[ShrutiBlue]

Thanks ajek01, that gives me some hope!

[rohithnair]

I was also in a similar situation, but UKBA contacted my office to confirm this and my employer changed it to 37.5

You could contact the case worker and provide the clarification.

[ShrutiBlue]

Did you contact them initially somehow or did they contact you on their own? I'm planning to send them a letter. I haven't received a biometrics letter yet so don't think my application has gone to a case worker yet!

[rohithnair]

I don't think you can reapply without the documents because the application might go to a different case worker altogether; which might lead to unwanted delays.

I don't know much about re-appeals; so I am not commenting on that part.

Your best option (IMO):

1. Wait for the letter from UKBA.

2.Reapply once you got all the documents; because it was a mistake from your side by sending the incorrect details.

3. As @manci has mentioned the priority Tier 2 application seems to be a good option. http://www.ukba.homeoffice.gov.uk/visas ... -priority/

This wasn't in place when I applied..Sigh!!

I think , this has definitely gone through a case worker and its surprising they rejected this for a simple mistake (as far as tier 2 applicants are concerned); without asking for any clarification.

Write a cover letter stating your visa expiry date and include the details.

IMPORTANT:- Please remember to send it as a registered one , so that you will be able to track this to their doorstep.
Best of luck

[Sofyasubbotina]

For the re-application you will need a new CoS. Check if your sponsor has an allocation available, if not they should apply for one asap.

Once the new CoS has been assigned apply asap and before the expiry of your current leave. You may get your documents back from the HO but if when you apply they still haven't been returned list them and say on the application form that they are with the HO.

You may wish to go for a priority application or a PEO appointment because you will not be able to start work before your application is approved.

At section E10 of the application form explain that the reason for the previous refusal was a mistake by your sponsor re. hours of work.

Hey, I am in a very similar situation- my documents (passports, police registration) are being retained at the moment, and I already applied for the Premium service. I stated on the application where the documents are, but it only gave me that option for the passports, not the police registration. Do I mention it in the cover letter or is it best to request it back and hope it makes it here on time?

Please help!!!