Tier-2 General (Extension)- Refusal for NQF 4 Skill Level

[VasG10]

Hello Everyone!

I was wondering if you could help to resolve the confusion with skill level threshold for Tier-2 General Extension ?

I switched to Tier-2 General from PSW on Feb-2013 under NQF 4 Level SOC. Now, I applied for an 'In-Country' extension under the same visa cateogry, working for the same sponsor and on the same job occupation with the same SOC code NQF 4 Level, in Dec-2015. However, UKBA refused the application on the grounds that I do not meet the NQF 6 skill level threshold.

Following this I applied for an 'Admin Review' on 18th Jan, 2016 challenging the decision by referring to the Tier-2 Immigration rules-Appendix A: Clause 77E (f) and Tier-2 Policy guide, Clause 78: whereby it states that the job doesn't need to be at NQF 6 Level if the applicant is already in the UK and is applying for an extension under Tier-2 (general) in order to continue to work in the same occupation for the same sponsor; If the CoS in their previous application was assigned to them before 6 April 2013 (in my case it was Jan-13);

I have not heard anything back from UKBA on my admin review just yet. I am quite concerned as my visa runs out on 18th Feb, 2016. I know that they state that it could take up to 28 calendar days for a response so in theory I should have a response back by 14th Feb. So if the outcome is in my favour then well and good but if it isn't then I'd have 4 days left on my current leave to remain to do something about it I suppose.

Any suggestions or thoughts would be really helpful guys!

Thanks

Vaz

[Godfrey-Eze]

Any news. I know your post was only yesterday, but have you heard anything about the admin review?

[VasG10]

Nope, nothing as of yet. I am guessing I should have a response by the end of this week. And hopefully in my favour, fingers crossed!

[Godfrey-Eze]

I believe it will come back soon. I am due to extend my Tier 2 as well and my job description fits into a level 3 SOC code. So I am really interested in the outcome of your review. Please do relply when you get a response.

All the best

[physicskate]

Was your SOC on the shortage list at the time??

All applications using NQF4 were not permitted after 6 April 2011, I believe. So this means that your original application was erroneously granted as you applied in 2013...

Was there not more explanation in the refusal letter?

[iworker]

i think your original grant of visa was a mistake and that u will not be able to get the AR successful. I think only option u have is to get a new cos with a job of NVQ level 6 and apply again.

[VasG10]

Hi All,

Thanks for the responses, appreciate it.

My AR has been refused by Home Office and they have admitted that they made an error the first time around by granting the 'leave to remain' under Tier-2 on NQF 4 Level.

So the only option I now have is to re-apply with the correct SOC code at NQF 6 Level.

Thanks.

[VasG10]

Anyone know if my employer would have to comply with RLMT if I opt for NQF 6 Level code while maintaining the same Job Title and Job Role ?

[physicskate]

Anyone know if my employer would have to comply with RLMT if I opt for NQF 6 Level code while maintaining the same Job Title and Job Role ?

Yes - because it surely is NOT the same role they are advertising if it is considered a graduate level post! You haven't been given leave in the NQF 6 role, so I would have thought so... I would have thought UKVI would argue that you are changing role. They might even try to argue that this is not a real vacancy.

[Godfrey-Eze]

So sorry to hear that. Did the Refusal come with a right to Appeal?

[physicskate]

So sorry to hear that. Did the Refusal come with a right to Appeal?

It was correctly refused, so the point of appeal would be...?