Refusal of the Tier 2 General Extension

[magelenn]

Dear all, can anyone please help me? I just got my Tier 2 General Extension refused. I scored on every attribute the right amount of points but on my Salary i was given 0 because in my job the salary rate is £40,700pa and i am currently on £35,000pa.
I was given 14 days to apply for Administrative Review. Can someone please advise whether i stand the change to get the extension if my Sponsor confirms a pay rise to £40,700pa or is it too late?

Thank you all so much,
Kind regards,
Maggie

[manci]

No point in requesting admin review if the salary given in the CoS was less than the minimum required as per code of practice.

New CoS is needed.

[magelenn]

Thank you Manci. I will speak to my Sponsor tomorrow to ask if they can apply for new CoS allocation.

I always was and I am Business Development Manager (NVQ 6 Code of Practice 3545) the same job title as I had when first awarded Tier 2 (General). My CoS said Sales Director (1132) which requires minimum salary of £40,700pa and i'm on £35,000pa. My Sponsor made a mistake with the title.If the Sponsor applies for a new CoS, do you think UKBA will accept it? Do we have to explain the reason for mistake? It is only admin issue, can we justify that it was a simple mistake as i kept the same salary and the same responsibilities.

Thank you in advance!
Maggie

[Sheffield_Marketeer]

I know you have asked Manci but I will butt in here. I think your sponsor has made a critical error and trying to explain it away as a simple error may be a bit far fetched. Sponsors sre admittedly making quite a few errors and creating problems for people. There's some major training needed. A new Cos is required am afraid.

[magelenn]

Thank you! Will speak to my Sponsor to issue a new CoS, can you please advise how do they justify the reason for the error made? Is there anything better to say rather than admin error, which it really was?
Thank you!
Maggie

[manci]

The reason for the admin error presumably was that what was previously SOC code 1132 is now divided into two codes, 1132 and 3545, and your sponsor was not aware of the change.

The most important thing is not the job title but the job description and this must match the description given for the chosen SOC code:
https://www.gov.uk/government/uploads/s ... 4_V0_6.pdf

[magelenn]

Thank you Manci! My Sponsor has just now submitted the request for new CoS allocation but the telephone Sponsor helpline said that the CoS is unlikely to be issued until the new financial year which is the 6th of April 2015 (in two weeks time) and by than the Code of Practice salaries might change again.

I asked my Sponsor to email the businesshelpdesk to ask for urgent new CoS allocation but im not sure about the outcome. My question is: if we get new CoS after the 6 of April will it still be acceptable to have the salary from the 2015 Code of Practice since no one knows what the new charges will be? Or better we wait till the 6 of April, learn the new Code of Practice and then apply for the CoS?

My current leave expires on the 29 of April 2015, but i already made an application in March which they refused due to being paid less than my code of practice. Can you please advise?

Thank you in advance,
Kind regards,
Maggie

[manci]

the new appropriate salaries from 6 April:
SOC code 3545 - £32,500
SOC code 1132 - £47,900

Remember - it is the job description that matters, not the job title.

If the CoS allocation comes through in time (by 3 April) apply immediately (on 3rd or 4th April) because from 6 April applications will incur a £200 p.a. health surcharge.

[magelenn]

Thank you Manci for all ur support! I'll apply on the 3rd as soon as I have the CoS. If I get it on the 3rd and post my application same day, the application date will be the one UKBA withdraw the funds rather than receives the postage, isn't it so?

And if I don't get CoS by the 3rd, can you pls advise if I can apply anyway or maybe even before without CoS number & mention that my CoS should be ready and available for their consideration and just post a copy of CoS at a later date separately with my Case Ref number, just to ensure I apply before the 6th?

And last question: if only job description is what matters than if the 3545 job fits me perfect it's ok with UKBA that I re-apply as Bus.Dev.Mngr instead of Director? I will discuss it with my Sponsor.

Thank you for all ur advice and sorry for the hussle,
Maggie

[manci]

Thank you Manci for all ur support! I'll apply on the 3rd as soon as I have the CoS. If I get it on the 3rd and post my application same day, the application date will be the one UKBA withdraw the funds rather than receives the postage, isn't it so?
for postal applications the date of posting is the date of application. To avoid the health surcharge the latest you can apply will be Saturday 4 April. Post by Special Delivery and keep the receipt.

And if I don't get CoS by the 3rd, can you pls advise if I can apply anyway or maybe even before without CoS number & mention that my CoS should be ready and available for their consideration and just post a copy of CoS at a later date separately with my Case Ref number, just to ensure I apply before the 6th?
an application can be varied before it is considered by UKVI and your application will only be considered after the capture of your biometric data. However, with the turn of the "UKVI year" it is uncertain how long it will take to receive unrestricted CoS allocations so there is some risk in this approach.

And last question: if only job description is what matters than if the 3545 job fits me perfect it's ok with UKBA that I re-apply as Bus.Dev.Mngr instead of Director?
yes, this would be preferable and safer because if there is a discrepancy between the job title and the SOC code / job description questions may be asked.
I will discuss it with my Sponsor.

Thank you for all ur advice and sorry for the hussle,
Maggie

[magelenn]

Thank you Manci.

Regarding the last point: you said it would be preferable and safer if I get CoS for 3545 Business Development Manager (I'm on £35,000) as the job description suits me perfectly, however I have been reading here different discussions and people whose Sponsors authorised higher salaries managed to re-apply successfully.

I am worried whether I should go down the route of justifying with my Sponsor a higher salary or suggest to issue a CoS for a 3545 Business Development Manager rather than original 1132 Sales Director. I have studied carefully both codes' descriptions and confirmed that there is very little difference and job description of code 3545 fits me absolutely perfect yet I am seriously worried that UKBA won't like it that my first CoS was for a Director and a new CoS as a Manager? Even though I always stayed with the same responsibilities and same salary ( for nearly 3 years now) - it was just an ignorance of the 1132 code division.

Can you please share your advice? Thank you so much!
Maggie

[manci]

Since the splitting of the SOC(2000) code 1132 into two separate codes, 1132 and 3545, happened since your last application I don't think there will be any questions asked if the new CoS is for code 3545. You may ask your sponsor to write a confirmation that they made a mistake arising from the split and send it to UKVI with your documents. Don't forget to declare the refusal when you apply.

[magelenn]

Thank you Manci, I spoke to my employer and they confirmed payment of £47K and keeping me as code 1132 as they said they can not risk losing me and if we apply as Manager we might not get approval from UKBA. I will re-apply same hour i'll get CoS allocated & assigned and want to have all documents and application ready. Can you please kindly confirm whether applications for Tier 2 General after the 6th of April will be made using the form version 04\2014 with a note to be used for all applications made on or after 6 April 2014 or will there be a new form?

Thank you very much!
Rose

[manci]

You need to check what the form is at the time you apply.

Remember that the £40,700 salary is for a 39 hour working week, if you work more than 39 hours you'll need pro rata more.

[Jack&Jill]

Dear Manci,

As in the earlier post you replied to magelenn question below:

Thank you Manci for all ur support! I'll apply on the 3rd as soon as I have the CoS. If I get it on the 3rd and post my application same day, the application date will be the one UKBA withdraw the funds rather than receives the postage, isn't it so?

Your Answer:
for postal applications the date of posting is the date of application. To avoid the health surcharge the latest you can apply will be Saturday 4 April. Post by Special Delivery and keep the receipt.

My Question is if i apply through premium (i.e., Same day service). For example 1 April I'm applying premium through online and getting in person appointment on 8th April, do the visa change will sill applicable for me?? Please advice Manci.

Thanks.

[manci]

My Question is if i apply through premium (i.e., Same day service). For example 1 April I'm applying premium through online and getting in person appointment on 8th April, do the visa change will sill applicable for me??
yes, the date of application will be the date you book and pay for the premium service and submit the application through the online process.

[Jack&Jill]

Dear Manci

I still don't understand, that means does the new rule applicable for me?

Thanks
Jack

[manci]

Dear Manci

I still don't understand, that means does the new rule applicable for me?
if the date of application is before 6 April you won't have to pay the health surcharge

Thanks
Jack

[Jack&Jill]

Dear Manci

Thanks. Also can u please answer this question?

1. Do I need to provide any maintenance letter(Proof of Evidence) along with the application although my employer is A-rated Sponsor. I knew the maintenance of funds not required, but I'm asking for the dependent application?

Please advice.

Thanks
Jack

[manci]

Dear Manci

Thanks. Also can u please answer this question?

1. Do I need to provide any maintenance letter(Proof of Evidence) along with the application although my employer is A-rated Sponsor. I knew the maintenance of funds not required, but I'm asking for the dependent application?
if you are applying together for an extension of your leaves maintenance is not required for your dependants either

Please advice.

Thanks
Jack

[Jack&Jill]

Dear Manci,

Is the Business Development Manager(Soc: 3545) in Non-shortage occupations or Shortage occupations?

I'm confused. Please help me which one is applicable for me?

Non-shortage occupations Shortage occupations
3 years or less £601.00 £428.00

Thanks
Jack

[Jack&Jill]

Dear Manci

Do the Business Development Manager(Soc: 3545) role comes under Non-shortage occupations or Shortage occupations?

I'm confused. Please help me which one is applicable for me? I need to pay the fee.

Non-shortage occupations Shortage occupations
3 years or less £601.00 £428.00

Please help me as soon as possible.

Thanks
Jack

[manci]

SOC code 3545 is not a shortage occupation:
https://www.gov.uk/government/uploads/s ... pril14.pdf

[Jack&Jill]

Dear Manci

Do the Business Development Manager(Soc: 3545) role comes under Non-shortage occupations or Shortage occupations?

I'm confused. Please help me which one is applicable for me? I need to pay the fee.

Non-shortage occupations Shortage occupations
3 years or less £601.00 £428.00

Please help me as soon as possible.

Thanks
Jack

[Jack&Jill]

Dear Manci

Do the Business Development Manager(Soc: 3545) role comes under Non-shortage occupations or Shortage occupations?

I'm confused. Please help me which one is applicable for me? I need to pay the fee.

Non-shortage occupations Shortage occupations
3 years or less £601.00 £428.00

Please help me as soon as possible.

Thanks
Jack