ict tier 2 rejected due to cos salary issue..urgent

[dbkasar]

Hi ,
My ict tier 2 visa rejected due to below reasons
1. As per new cos rule effective from 1st October 2013 salary for job code 2139 should be 28400 pounds
2.the COS provided to me from my employer has annual salary of 27200 pounds

Queries
1.should i go for administrative review ?
2.if my emplyer give me new COS then should i start visa process once again from scratch?
3.should i need to pay visa fee once again

[manci]

Hi ,
My ict tier 2 visa rejected due to below reasons

1. As per new cos rule effective from 1st October 2013 salary for job code 2139 should be 28400 pounds
the 28400 salary is for a 39 hour week. If you work less than 39 hours it can be pro-rated. For example, for 37.5 hours you would only need 27308 salary. If you have been given a copy of the CoS check what weekly hours are in it, otherwise ask the sponsor.

2.the COS provided to me from my employer has annual salary of 27200 pounds

Queries
1.should i go for administrative review ? only if the ECO's decision was wrong based on the weekly hours you will work

2.if my emplyer give me new COS then should i start visa process once again from scratch? if the ECO's decision was correct then yes, get a new CoS and re-apply.

3.should i need to pay visa fee once again if you re-apply, yes

[dbkasar]

Hi Manci,
thanks for reply.
My CoS shows I will be working 37 hours/week hence salary calculation should be minimum 26,943.60 pounds.

should I go for admin review?
How many days it will take to respond for admin review?

[manci]

what were the exact words of the reasons for the refusal?

[dbkasar]

refusal note :

your COS states that you will be employed as Test analyst(job code 2139) and will earn 27144.15 pounds per year.

The code of practise state that minimum salary for IT consultant (Job code 2139) is 28400 pounds a year.

Hence you do not meet requirment for appropriate salary as of in paragraph 245GB (b) of the immigration rule.

[manci]

http://www.ukba.homeoffice.gov.uk/visas ... ve-review/

it cannot be predicted how long the admin review will take, search the forum for timelines.

[manci]

For more details of the administrative review see the T2 policy guidance Annex C
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[dbkasar]

My employer says they are in touch with british high commision on this issue.

Is there any possibilities that british high commision entertain any employer on behalf of his employee ?

[manci]

My employer says they are in touch with british high commision on this issue.

Is there any possibilities that british high commision entertain any employer on behalf of his employee ? worth a try

[dbkasar]

First of sincere apologies Manci for such a late reply.
Issue has been sorted .Visa officer agrees mistake was from there side and they granted me visa.

Thanks a lot for your help.