Urgent - Tier 2 (General) visa rejected

[nazmul95]

Hi Guys,

I need some urgent guideline about my visa rejection.

I got all the papers from UKBA on 10th March 2012 and I have got appeal option from UKBA. My visa has been rejeted because of the salary issue.

in the cos, my new salary is £26,400 per year. and the working hour is 45 hours per week


UKBA said that the above yearly salary meets for 37.5 hours a week job, not 45 hours a week job.


Basically my actual weekly working hour is 37.5 hours which is paid and

7.5 hours a week is daily unpaid break, so the total is (37.5+7.5 hours)=45 hours

My company did not mention that in the cos. Rather they did put the total 45 hours, which has now become an issue


I like to ask the following question for answer asap.

# As I got papers on 10th March 2012, then when I must apply for appeal. within how many days I will have to make an appel?


# Can anyone give me how I can present the situation to win the appel?

# any other advice would be appreciated


Please help me asap


Thank you

[manci]

Following the refusal of your visa the CoS that has been assigned to you is now marked "used" and changes cannot be made to it.

The salary levels for various occupations are laid down in so called "codes of practice" and UKBA cannot deviate from these.

It seems that the only way out of the present situation is for your sponsor to assign a new CoS to you with 37.5 hours of work.

Once this is done one way of getting a visa would be to re-apply.

I am not sure if appealing against the refusal could achieve the same result, and how long the process would take. Try to ask - if you are in the UK phone 0870 606 7766, if you are abroad contact the UK visa centre, or perhaps there is a contact number on the refusal letter.

In any case, the first step is for your sponsor to assign a new CoS to you with the hours of work given as 37.5

[madona587]

Manci is right, You have less chance of winning an appeal.

Get your employer to request an increase in COS if they don't have any COS left.

Wait for UKBA to allocate a COS.

Ask your employer to put down the correct details this time. Most of the Salaries are calculated based on 37.5 Hours. Personally I wouldn't say anything about "Not having a break" etc.

But after you get your visa do make sure you are paid for 37.5hrs a week and the salary is more than or equal to the required salary according to SOC.

[nazmul95]

Hi,

Thank you for your reply


As my current visa has expired and i have option to make an appeal in 10 days and received papers on 10th March 2012. Do you think i can reapply with new COS. Because my current leave already expired.

Is that ok, if i appeal with a letter from my company confirming that
the actual working hour is 37.5 hours per week and rest of the hours is unpaid daily break.


Thank you

Manci is right, You have less chance of winning an appeal.

Get your employer to request an increase in COS if they don't have any COS left.

Wait for UKBA to allocate a COS.

Ask your employer to put down the correct details this time. Most of the Salaries are calculated based on 37.5 Hours. Personally I wouldn't say anything about "Not having a break" etc.

But after you get your visa do make sure you are paid for 37.5hrs a week and the salary is more than or equal to the required salary according to SOC.

[pricesoft]

Here is my take on your situation, and I'm giving it from experience. In any case, don't take my advice at face value it is only my opinion.

Since your current leave already expired, any new application you make will be considered an out-of-time application and will be considered at the caseworker's discretion - this means even if you meet all of the visa requirement you could still be refused. I'd say that if your sponsor have an unused CoS at hand, use it ASAP in submitting a new application and hope for the best. Of course, like I explained, this will be an out-of-time application, but you haven't got a lot of options.

The other option you have is to appeal the decision - the truth is you may not have very much chance of winning the appeal since the application was unsuccessful because of an error made by your employer and not the UKBA. However the appeal option is a very viable option if you need to buy your employer sometime to get you a CoS for a new tier2 application - if you haven't got any available at the moment. If you are eventually able to secure a CoS for a new application, you may then withdraw your appeal and lodge a new application. Again, this will be considered an out-of-time tier2 visa application.

If possible, get a lawyer to lodge the new tier 2 application on your behalf as they deal with situations like yours on a daily basis. They may be able to put together a representation that causes the caseworker to exercise discretion in your favour when considering your application.

Above all, good luck.

[nazmul95]

Thank you so much for your time and answer

I really appreciate your description

yes, i will meet a lawyer today

Thank you so much

Here is my take on your situation, and I'm giving it from experience. In any case, don't take my advice at face value it is only my opinion.

Since your current leave already expired, any new application you make will be considered an out-of-time application and will be considered at the caseworker's discretion - this means even if you meet all of the visa requirement you could still be refused. I'd say that if your sponsor have an unused CoS at hand, use it ASAP in submitting a new application and hope for the best. Of course, like I explained, this will be an out-of-time application, but you haven't got a lot of options.

The other option you have is to appeal the decision - the truth is you may not have very much chance of winning the appeal since the application was unsuccessful because of an error made by your employer and not the UKBA. However the appeal option is a very viable option if you need to buy your employer sometime to get you a CoS for a new tier2 application - if you haven't got any available at the moment. If you are eventually able to secure a CoS for a new application, you may then withdraw your appeal and lodge a new application. Again, this will be considered an out-of-time tier2 visa application.

If possible, get a lawyer to lodge the new tier 2 application on your behalf as they deal with situations like yours on a daily basis. They may be able to put together a representation that causes the caseworker to exercise discretion in your favour when considering your application.

Above all, good luck.

[manci]

I take it you are in the UK.

Am I right in assuming that you applied for the new visa that has been refused before your present visa expired?

The normal rule is that if one applies while a visa is still valid the existing visa is automatically extended until such time that UKBA makes a decision on the application.

I don't have experience with appeals but think that if you have been given 10 days to appeal the conditions of your present visa are also automatically extended until such time that your appeal is decided or, if you choose not to appeal, until the end of the period allowed for appeals.

PERHAPS OTHER MEMBERS OF THE FORUM COULD COMMENT ON THIS POINT

Remember, before anything else get you sponsor to assign a new CoS to you with 37.5 hours weekly working time.

[bastagol]

Sorry to hear that: here is what i will do in ur situation:


1. Pray to Allah
2. Immediately appeal - mentioning mistake when getting COS
3. Ask employer to get additional COS if there is none
4. Prepare a fresh application and send that as well
5. Start Looking for Job back home

Thanks
Basta-goal

[desnetk]

@bastagol
1. Pray to Allah

Why would you do that mate? Allah has nothing to do with his visa.
I would say try to get the a new CoS and re-apply ..