Tier 2 General Administrative review

[l_pavan25]

Hi Experts,

I am new to this blog and need an urgent advice.

I applied for Tier 2 visa extension (Change of employment), but my visa got rejected saying that i have not met appropriate salary criteria.

My SOC code is 2123(Experienced Electrical Engineer,its under shortage occupation list),and salary is 35900 per annum. My new employer generated COS for me which says i work 40 hours a week(Which she meant including unpaid lunch breaks,She did not mention this while generating COS).if i exclude lunch breaks, i work only 37.5 hrs per week.

UKBA rejected my application saying that if i am working 40 hrs a week i would not meet salary criteria saying that for my SOC code i should get 35,600 for a 39 hrs week and when they calculate my salary for 39 hrs, i am falling under 35,600(It's 35100).

Is it possible to apply for administrative review now with a letter from HR..?.Because i am running out of time now. To make a new application,My HR has to apply for new license which will take time.

My original Visa is going to expire on 6th August,2016, but now i received this rejected visa letter for UKBA and it says they will send further notice when i should leave the country.By the way My passport is still not received from UKBA.

Can some give me advice please? ..Its urgent.

Thank you,
Pavan

[tckraju]

AR would be successful only when UKBA makes a mistake. You have clearly mentioned that your employer did not fill the COS properly and UKBA cannot be blamed for it.

Get another COS from your employer with the right hours and re-apply. You will be be fine.

[l_pavan25]

HI Raju,

Thank you for the reply. I have asked my new employer to request for a license so that new COS can be issued. My employer made a request today and UBVI responded saying that they will respond to the request in 5 working days.

I am not sure how many days it is going to take to get new license and if don't go for an administrative review in 14 calender days(today is 5th day if i consider it from the date mentioned in my refusal documents), i will be given further notice by when i should leave the country.My initial date of visa expiry was 6th August 2016(Before i made this application).

Can you also advice me on my passport which UKVI did not return ?

Thank you,
Pavan

[Simz82]

Hi,

I hope you have managed to sort out your application. I wanted to find out how long did you have to wait for to hear back from the UKVI after your biometrics?

Regards

Simz82