Tier2 General Rejection

[yashpirate]

Hi Team,

Need some advise as I have been rejected Tier2 sponsorship. According to letter I got received today it states. I have 20 points for Salary, 10 for English Lang, 10 for funds but for sponsorship is 0. I had COS assigned from employer but explanation from UKBA is as below - " The secretary of state is not satisfied that the job you are being sponsored for meets the minimum required skill level as defined in Appendix A and the codes of practise. In line with Appex A and with Appx J of the immigration rules we have, therefore, been unable to award point for sponsorship. The reason for this decision as detailed as below:

Your COS states that your prospective employment most closely corresponds to occupation code 3131 of home office code of practie for sponsors, This occupation code is not in the list of NQF level6 occupations, as stated in the COP.

You do not qualify for the NQF level skill exemptions as laid out in appex A of the immigration rules. Skill of the job you are being sponsored for should be at least NQF6 level."

My job title is desktop and media technician.

My question is Can I drop an application with same employer with a different job tittle as listed in SOC

http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf - Page number 54 ???

Please advise.

ypirate

[manci]

what is your current immigration status?
when does your current leave expire?

The job title is not important, the job description is. Does your job description match one of the NQF level 6 job descriptions in the code of practice?

[yashpirate]

Hi Manci,

1) Tier1 - PSW
2) 14 march 2014
3) I am not sure what was updated by HR, I am having a meeting post monday about changing of JD and title which needs to aligned with Code of practise skilled workers .

I also have a question about new entrant and experienced thresholds.

I found this lines from COP booklet

"New entrant is as below

This document does not make any changes to the skills threshold for Tier 2, which remains at NQF level
6. The updated lists of occupations skilled to NQF level 4 and NQF level 3 apply to skilled workers who
entered Tier 2 before the threshold was raised to NQF level 6 in June 2012. They also apply to some
parts of Tier 5, to post-study workers switching into Tier 1 (Entrepreneur) and to work permit holders
applying for settlement.

The lower pay threshold for new entrant employees is set at the 10th
percentile of the pay distribution for
full-time employees in that occupation. The new entrant thresholds apply to:

 Graduates switching into Tier 2 (General) under the post-study provisions;
 Graduate recruits where you have used a university “milkround” to satisfy the Resident Labour
Market Test;
 Graduates sponsored in the Intra-Company Transfer Graduate Trainee route; and
 Any workers making an initial application who are aged 25 or under on the date they apply "

This for experienced -
"The pay thresholds for experienced workers are set at the 25th
percentile for full-time employees in each
occupation, using the Annual Survey of Hours and Earnings (ASHE). These pay thresholds apply to all
other Tier 2 applicants, including those who were previously classed as new entrants when they apply to
extend their total stay in Tier 2 and/or as a work permit holder beyond 3 years and 1 month (the
maximum grant for initial Tier 2 applications). The experienced worker pay thresholds also apply to
work permit holders who are applying to switch into Tier 2 or to settle in the UK. "


can you please advise which category (New entrant or Experienced) do I fall under ? As I am in Tier1 PSW from march 2012 and working with current employer for 6 months.

[Jeeves]

New entrant but as your job is not NQF 6 you can *not* be sponsored to do it.

*edit, oops.

[manci]

you can re-apply but only if your sponsor assigns a new CoS with an NQF level 6 job and appropriate (new entrant) salary.

In the application don't forget to enter the details of the refusal.

[oxana777]

what is your current immigration status?
when does your current leave expire?

The job title is not important, the job description is. Does your job description match one of the NQF level 6 job descriptions in the code of practice?

What if some of task match NQF 4 and some tasks match NQF6? Can i ask hr only to mention higher skills when doing my COS?

[yashpirate]

Hi Manci,

Employer is happy to help me by changing job description and title but can they say I was originally hired for new job title from start date by changing offer letter or should it be like change of role or promotion? (as I have already applied for a work permit application with previous role). if its the case of change of role effective from next week, when I reapply should I attach both offer letters ?

[manci]

@yashpirate
If what they put in the previous offer letter is no longer correct they should give you a new one for the T2G job that you will be seeking leave for. Since your previous application (for a different, lower grade, job) was recently refused you might as well enclose the new offer letter with your application, but you don't have to. The new offer letter and the new CoS will be for a new role, your current job on T1 PSW is not relevant. It is your sponsor's responsibility to correctly state in the CoS the SOC code, job title, job description and salary. Any deception on their part in this regard will put their licence in jeopardy. Ask for a printout of the new CoS.

[yashpirate]

Hi Manci,

As I understand overall now. If they say change of role (starting from today) rather than a new job then I would need to attach a new offer letter starting from today's date (Nqf level 6 job) and should I also attach old offer letter from when I started from the company ?? So it's bit confusing. Sorry to trouble you.

[manci]

your sponsor doesn't "say" anything, they assign a CoS in which they state the SOC code, job title, job description and salary and also the start and end dates of the T2G job. Once you have the CoS you can apply for T2G leave. You don't have to attach any offer letter to your application but, if you wish, you could attach the offer letter for the job to which the CoS relates.

[yashpirate]

Thanks Marci. Let you know outcome of today's meeting.

[yashpirate]

Hi Manci,

I wanted to update few things from meeting.

Manager agreed to give me a new COS but with same job tittle Desktop and media technician (not exactly same job tittle as in example description from code of practice booklet) and little bit being constrained on job description (not all words example being similar from description as in code of practice booklet) but SOC code as 2139. Can this harm the application ? please advise. Is that Mandatory to attach offer letter.

[yashpirate]

Hi Manci / Team,

Can you please advise ?

[manci]

the HO will decide if the job description matches the SOC code.
Re. offer letter refer to posts above.

[yashpirate]

Hi Manci,

Is that mandatory that code of practise soc code job should be in the shortage of skils list booklet to get a tier 2 work permit ?.

[manci]

no, the T2 job you would be switching to from T1 PSW doesn't have to be on the shortage occupation list

[yashpirate]

Thank you. I got an advice from Ukba document to mention what tittle am I applying in the list of tittle examples. I think I am all set to go with Cos and latter the application.

[yashpirate]

Hi Manci,

Thanks for your support and finally I have received COS from employer. I have a quick question is application part.
question number
e9. Have you ever been refused entry clearance/visa or leave to enter or remain in the uK?
Answer is Yes, since my application was rejected once
e10. Provide details - Here should I mention overall summary of rejection with my case ID or only reason for rejection where I didn't score points which I have updated in my first post ?

Overall reason for rejection is

" Therefore you donot satisfy the requirements of the immigration rules of this category and it has been decided to refuse your application for Tier2 migrant under paragraph 245 HD of the immigration rules as you do not meet the requirement of para 245HD(f) and under appex A with ref to appex J."

Please advise.

[yashpirate]

Hi Manci/ Team,

Please advise

[yashpirate]

Hi Manci/ Team,

Please advise

[manci]

reason for rejection and case ID are sufficient

[ramindia]

Hi YAsh

yes you need to mention the details of past history, so that ukba can decide fast
false information lead to life time ban.

so better mention all relevant information.

[yashpirate]

Thank you all. My cos says start date for sponsorship is from 15/3/2014 for 3 years. Is that alright if i apply now ? I am in T1 Psw due to expire on 14/3/2014.

[yashpirate]

Hi Team,

Please advise.

[yashpirate]

My cos says start date for sponsorship is from 15/3/2014 for 3 years. Is that alright if i apply now ? I am in T1 Psw due to expire on 14/3/2014.