urgent help... refused due to wrong salary on COS

[nessacababa]

hello everyone. this is my first time posting here in IB and we badly needed help as we feel very lost and confuse at the moment.

this is our story, and ill try my best to make it short:

my husband is on a tier 1psw visa and last july after almost a month chasing for our employer to give us the cos we finally received it 5 days before our visa expires which is on july 27. we managed to lodge our application on time and we applied under tier 2 supervised practice nurse. after a few weeks waiting for the result after we done our biometrics sometime 2nd week of august the results finally arrived 5th of spetember and we were refused on the grounds that the employer didnt meet the appropriate pay for the above title. the one who made our cos wrote a different thing from the hard copy they handed to us when we submitted our application. basically the ones written on our sponsors notes when we submitted it to Home office was "the migrants dependant will also be sponsored" but apparently when the ukba typed in our sponsorship no. it reflected a different thing and stating a wrong salary."your COS states that your salary would be 16329 per annum for a 39.75 hour week which equates to 15404.72 per annum for a37.5 hour week". (this salary was below the one ukba requires)

our point is when they handed the cos to us, our solicitor (as we have applied through a solicitor for this visa application) found nthing wrong as it didnt reflect any figures on the sponsors notes. it was basically the companys fault as théy seem to edit the cos when we submitted it and had everything wrong. the ukba also said in the letter that they tried to contact and email our company but no reply (which made us extra mad).

now our solicitor advised us to get a new cos if the company would be able to provide a new one (and they did) while he lodged the appeal last 15th of spetwmber just to buy us time, he was saying that when the companyreleased the new cos he will withdraw the appeal and re apply us under same visa category, but the heartbreaking part is here, ive read under the ukba site that effective sept 1 2014 the supervised practice nurse will be closed. and by that we dont know if re applying would still be the best option..

we need ur help guys,should we push the appeal or reapply??????? we had also lose a great amount of money and left us nearly broke. any simliar cases in here? we all welcome ur advice... please. bless you all! xxx

[North Pole]

By means of your statement, are you saying your company has wrongly filed the salary in cos. what is your actual annual salary and how many hours do you work a week?

[Frontier Mole]

You can only go forward on the orginal COS so you will have to follow the appeal route and hope the tribunal is kind enough to instruct UKVI to reconsider.
UKVI are not at fault as they are only working on the information your employer put on the COS so you will essentially be relying on your employer stating they got it wrong and that it was their error etc etc. They will need to fully demonstrate that your rate of pay meets the requirement and that there is the supervisory staff at the care home and that there is a educational establishment providing the required training. With all that confirmed and evidenced you might have a chance of sucess at tribunal.

If you submit the replacement COS it will be an automatic refusal based on the closure of the supervised nursing scheme.

[nessacababa]

@northpole they put a salary lower than the SPN one. It was like for 15k on a 38.75 but the required is 37.5 and 16+k annual salary.


@frontiermole yeah they have that but they didnt keep in touch with the border office when they tried to contact the company... :,((((((

Thank you guys for your help