Tier 2 (General) application refused

[rajatsharma]

Hi , My visa was rejected recently, tough I have 35k salary and I am on SOC list. I was on tier 2 from nov 2013 until nov 2015. I changed the employer and got appropriate salary for experienced worker, indeed more than required,still I was rejected with following reason. Can any one please suggest what should I do: The reason for this decision is detailed below,

Your certificate of sponsorship states that prospective employment most closely corresponds to occupation code 2123 on the codes of practice (which are also specified under appendix J of immigration rules).

From 6th April 2013, a new policy on rates of pay for new entrants and experienced workers within the codes of practice was introduced’

Although you have stated on your application form that the length of your certificate of sponsorship will be for the employment of three years or less, the certificate of sponsorship as submitted by your employer states that you are required to work between 17 August 2015 and 16 August 2020. As this period of employment takes you over 3 years and 1 months threshold you would be expected to meet the experienced worker salary rate as specified in the appropriate/relevant codes of practice.

Paragraph 26.5 of the tier 2 and 5 point based system for the sponsor guide states that:

· You should not sponsor a migrant at the new starter rate if you expect that you will want to sponsor them for more than three years and you will not pay them the experienced rate after this time.

· As such the minimum accepted rate of pay for 40 hours working weeks for your prospective employment in 35.135.14 per annum. As stated on occupation code 2123 under the experienced worker appropriate salary rate.

· Your COS states that your salary would be 35K/ annum.

· As your prospective salary is not at or above the minimum rate as specified in codes of practice (SoC 2010) under the experienced worker level and you do not meet any exemption as specified in Appendix A of the immigration Rules, we do not consider it to be at the appropriate rate for the job.

[FaeLLe]

Hi , My visa was rejected recently, tough I have 35k salary and I am on SOC list. I was on tier 2 from nov 2013 until nov 2015. I changed the employer and got appropriate salary for experienced worker, indeed more than required,still I was rejected with following reason. Can any one please suggest what should I do: The reason for this decision is detailed below,

Your certificate of sponsorship states that prospective employment most closely corresponds to occupation code 2123 on the codes of practice (which are also specified under appendix J of immigration rules).

From 6th April 2013, a new policy on rates of pay for new entrants and experienced workers within the codes of practice was introduced’

Although you have stated on your application form that the length of your certificate of sponsorship will be for the employment of three years or less, the certificate of sponsorship as submitted by your employer states that you are required to work between 17 August 2015 and 16 August 2020. As this period of employment takes you over 3 years and 1 months threshold you would be expected to meet the experienced worker salary rate as specified in the appropriate/relevant codes of practice.

Paragraph 26.5 of the tier 2 and 5 point based system for the sponsor guide states that:

· You should not sponsor a migrant at the new starter rate if you expect that you will want to sponsor them for more than three years and you will not pay them the experienced rate after this time.

· As such the minimum accepted rate of pay for 40 hours working weeks for your prospective employment in 35.135.14 per annum. As stated on occupation code 2123 under the experienced worker appropriate salary rate.

· Your COS states that your salary would be 35K/ annum.

· As your prospective salary is not at or above the minimum rate as specified in codes of practice (SoC 2010) under the experienced worker level and you do not meet any exemption as specified in Appendix A of the immigration Rules, we do not consider it to be at the appropriate rate for the job.

Try appeal since the rejection reason is not valid?
Also why did your employer ask to hire you beyond the date you are eligible for ILR? The max period on Tier 2 visa's is capped and you cannot get it beyond that despite what is stated in CoS application.

[ramakrishna230]

Hello Rajat,
If we look at the SoC list April 2015,
The experienced rate for 2123 is 32,500 for 37 hours
If we calculate the salary on pro rata for 40 hrs it is coming to nearly 35,135 as specified in the rejection letter.

I may not be right,but worth checking on this.

regards,
Rama.

[chenjiaqi]

Hi, I am on the same SOC code 2123. My employer is a automotive test company. I have a question, that is your job on the shortage occupation list?

Hi , My visa was rejected recently, tough I have 35k salary and I am on SOC list. I was on tier 2 from nov 2013 until nov 2015. I changed the employer and got appropriate salary for experienced worker, indeed more than required,still I was rejected with following reason. Can any one please suggest what should I do: The reason for this decision is detailed below,

Your certificate of sponsorship states that prospective employment most closely corresponds to occupation code 2123 on the codes of practice (which are also specified under appendix J of immigration rules).

From 6th April 2013, a new policy on rates of pay for new entrants and experienced workers within the codes of practice was introduced’

Although you have stated on your application form that the length of your certificate of sponsorship will be for the employment of three years or less, the certificate of sponsorship as submitted by your employer states that you are required to work between 17 August 2015 and 16 August 2020. As this period of employment takes you over 3 years and 1 months threshold you would be expected to meet the experienced worker salary rate as specified in the appropriate/relevant codes of practice.

Paragraph 26.5 of the tier 2 and 5 point based system for the sponsor guide states that:

· You should not sponsor a migrant at the new starter rate if you expect that you will want to sponsor them for more than three years and you will not pay them the experienced rate after this time.

· As such the minimum accepted rate of pay for 40 hours working weeks for your prospective employment in 35.135.14 per annum. As stated on occupation code 2123 under the experienced worker appropriate salary rate.

· Your COS states that your salary would be 35K/ annum.

· As your prospective salary is not at or above the minimum rate as specified in codes of practice (SoC 2010) under the experienced worker level and you do not meet any exemption as specified in Appendix A of the immigration Rules, we do not consider it to be at the appropriate rate for the job.