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Tier 2 extension refused

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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haiiamleo
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Tier 2 extension refused

Post by haiiamleo » Wed Dec 28, 2016 10:12 am

My visa application for Tier2 extension has been refused as per the SOC code 2136, I don't have the appropriate salary.
I have got a few clarifications regarding reapplying
I am planning to reapply for a tier 2 extension, but with a different SOC code which will be 2137 (different from my previous one, but from the same sponsor ) Is this gonna affect me ?
I got the letter on the 24th Dec, If I am not going for the administrative review with in the 14 days, when would be the latest I can apply.

Please need a quick response

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Frontier Mole
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Re: Tier 2 extension refused

Post by Frontier Mole » Wed Dec 28, 2016 11:23 am

New SOC means new job so your employer will have to do the whole RLMT before they can issue the COS.
If you have not met the salary requirement jumping to a new SOC will not help you.

haiiamleo
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Re: Tier 2 extension refused

Post by haiiamleo » Wed Dec 28, 2016 11:31 am

thanks for the response. Please can you clarify the below as well.

My initial Tier 2 visa was shift from a PSW, so will I not be exempt from RLMT ?

Can my extension application be considered as the change of employment as it is new SOC.

Kind Reagrds

moonlight55
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Re: Tier 2 extension refused

Post by moonlight55 » Wed Dec 28, 2016 3:57 pm

haiiamleo wrote:thanks for the response. Please can you clarify the below as well.

My initial Tier 2 visa was shift from a PSW, so will I not be exempt from RLMT ?
No.

Can my extension application be considered as the change of employment as it is new SOC.
Yes.

Kind Reagrds

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Djsuccess
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Re: Tier 2 extension refused

Post by Djsuccess » Thu Dec 29, 2016 10:58 am

haiiamleo wrote:My visa application for Tier2 extension has been refused as per the SOC code 2136, I don't have the appropriate salary.
I have got a few clarifications regarding reapplying
I am planning to reapply for a tier 2 extension, but with a different SOC code which will be 2137 (different from my previous one, but from the same sponsor ) Is this gonna affect me ?
I got the letter on the 24th Dec, If I am not going for the administrative review with in the 14 days, when would be the latest I can apply.

Please need a quick response

Your best option is to ask your employer to give you a pay increase to meet the requirment. If you can get salary increae then you can submit another application ASAP. changing the SOC will be more complex and difficult to handle because of RLMT and hard to prove you were not pre selected.

if your current salary is not far from £29,600 that you need, then your best option is to ask for salary increase.

All the best
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

haiiamleo
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Re: Tier 2 extension refused

Post by haiiamleo » Mon Jan 02, 2017 11:55 am

Thank you djsucess for your reply.

So my company has accepted to increase the salary to meet the requirements. In that case what would be the deadline for me apply for a new application?

Do I have make a new application rather than going for a administrative review? I mean can this issue be sorted through administrative review?

Also am I allowed to make a new application?

Kind regards.

haiiamleo
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Re: Tier 2 extension refused

Post by haiiamleo » Mon Jan 02, 2017 12:02 pm

Please can some one clarify this as well for me.

As djsucess mentioned the salary limit is 29,600 for soc 2136 ?
Is it not 31,100?

Thanks.

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Djsuccess
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Re: Tier 2 extension refused

Post by Djsuccess » Mon Jan 02, 2017 12:10 pm

haiiamleo wrote:Thank you djsucess for your reply.

So my company has accepted to increase the salary to meet the requirements. In that case what would be the deadline for me apply for a new application?

Do I have make a new application rather than going for a administrative review? I mean can this issue be sorted through administrative review?

Also am I allowed to make a new application?

Kind regards.
Has your current visa expired? I guess you have up to 28 days to make another application after your last refusal (, someone should correct me if I'm wrong). No you can not get a favourable response from admin review. Ask your company to issue a fresh COS ASAP with the new salary and then submit a fresh application. If you can afford it, I will suggest you go for premium application. Was your passport returned to you after the last refusal? Your passport will not be returned if your current visa has expired. If that's the case go for premium.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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Casa
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Re: Tier 2 extension refused

Post by Casa » Mon Jan 02, 2017 12:14 pm

Djsuccess wrote:
haiiamleo wrote:Thank you djsucess for your reply.

So my company has accepted to increase the salary to meet the requirements. In that case what would be the deadline for me apply for a new application?

Do I have make a new application rather than going for a administrative review? I mean can this issue be sorted through administrative review?

Also am I allowed to make a new application?

Kind regards.
Has your current visa expired? I guess you have up to 28 days to make another application after your last refusal (, someone should correct me if I'm wrong). No you can not get a favourable response from admin review. Ask your company to issue a fresh COS ASAP with the new salary and then submit a fresh application. If you can afford it, I will suggest you go for premium application. Was your passport returned to you after the last refusal? Your passport will not be returned if your current visa has expired. If that's the case go for premium.
No longer 28 days. This was reduced to 14 days in Nov 2016.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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CR001
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Re: Tier 2 extension refused

Post by CR001 » Mon Jan 02, 2017 12:15 pm

Djsuccess wrote:Has your current visa expired? I guess you have up to 28 days to make another application after your last refusal (, someone should correct me if I'm wrong).
No, it is no longer 28 days. It has been reduced to 14 days.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Djsuccess
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Re: Tier 2 extension refused

Post by Djsuccess » Mon Jan 02, 2017 12:20 pm

CR001 wrote:
Djsuccess wrote:Has your current visa expired? I guess you have up to 28 days to make another application after your last refusal (, someone should correct me if I'm wrong).
No, it is no longer 28 days. It has been reduced to 14 days.

Thanks for the correction
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

haiiamleo
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Re: Tier 2 extension refused

Post by haiiamleo » Wed Jan 04, 2017 2:37 pm

Would anyone be able to guide me how the premium application process works ?

I am not able to find any links for the premium service ?

can you please tell is it a straight forward process or will there be any complications as i am re-applying after a refusal?

Thanks in Advance

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CR001
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Re: Tier 2 extension refused

Post by CR001 » Wed Jan 04, 2017 2:54 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

haiiamleo
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Re: Tier 2 extension refused

Post by haiiamleo » Wed Jan 04, 2017 3:00 pm

Thank you very much CR001 .

when I make the application again, what should I mention in the current visa start and end date ?
As my initial application has been refused ans also my first tier 2 expired on 25th November I am not sure what should I put in the current visa expiry date ?

I think there was topic regarding this, but i am not not able to find that as well. Please help me !!

thanks

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CR001
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Re: Tier 2 extension refused

Post by CR001 » Wed Jan 04, 2017 3:17 pm

You are rapidly running out of time.

What was the date of the approval letter you received on the 24th December?

You only have 14 days (not working days, it is whole days) to make a new application. Unlikely you will get a premium appointment this week at such short notice.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Echoes
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Re: Tier 2 extension refused

Post by Echoes » Wed Jan 04, 2017 4:26 pm

haiiamleo wrote:Please can some one clarify this as well for me.

As djsucess mentioned the salary limit is 29,600 for soc 2136 ?
Is it not 31,100?

Thanks.

It is £31,100 not £29,600. Check here.

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Djsuccess
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Re: Tier 2 extension refused

Post by Djsuccess » Wed Jan 04, 2017 6:57 pm

imumtaz wrote:
haiiamleo wrote:Please can some one clarify this as well for me.

As djsucess mentioned the salary limit is 29,600 for soc 2136 ?
Is it not 31,100?

Thanks.

It is £31,100 the salaries have been reviewed. The new salary requirement is & 31,100
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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