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Tier2 general visa extension refused

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

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neerga
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Tier2 general visa extension refused

Post by neerga » Mon Oct 31, 2016 7:17 pm

Hello

I just received a refusal for Tier 2 general visa extension from UKVI with 14 days admin review dated 27th October 2016. The reason stated was that wrong SOC code was mentioned by mistake. My earlier SOC Code was 1132 and we used the same code this time for the position of Business Development Manager.

So basically I was given the initial 3 yrs Tier 2 general visa under 1132 and now we checked that for Business Development Manager there is 3545 Code.

Can you please advise if I can make fresh application with the corrected code i.e. 3545 as everything is same only the code was mentioned wrong. I dont want to be over-stayer so what can I do to rectify the problem as soon as possible. I shall be highly obliged for your prompt reply.

Thanks

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nasmc92
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Re: Tier2 general visa extension refused

Post by nasmc92 » Tue Nov 01, 2016 10:31 am

when you were granted an initial visa on 1132, what was you job title at that time (3 years ago) ?

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Djsuccess
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Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Tier2 general visa extension refused

Post by Djsuccess » Tue Nov 01, 2016 10:42 am

neerga wrote:Hello

I just received a refusal for Tier 2 general visa extension from UKVI with 14 days admin review dated 27th October 2016. The reason stated was that wrong SOC code was mentioned by mistake. My earlier SOC Code was 1132 and we used the same code this time for the position of Business Development Manager.

So basically I was given the initial 3 yrs Tier 2 general visa under 1132 and now we checked that for Business Development Manager there is 3545 Code.

Can you please advise if I can make fresh application with the corrected code i.e. 3545 as everything is same only the code was mentioned wrong. I dont want to be over-stayer so what can I do to rectify the problem as soon as possible. I shall be highly obliged for your prompt reply.

Thanks
When does you current visa expire? Does your sponsor have another CoS to use for you?
If your sponsor has another CoS, tell them to assign another one to you using the correct SOC and then submit another application ASAP. The mistake you have made was not checking that your SOC has changed from 1132 to 3545.
if your sponsor doesn't have another allocation, they can quickly apply and then chase UKVI. Given your situation, you might get a quick response. I don't think there is any other way than to re apply using the correct SOC code and also ensure you are earning the right salary as experienced worker under 3545 SOC .

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.

neerga
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Posts: 6
Joined: Mon Oct 31, 2016 6:51 pm

Re: Tier2 general visa extension refused

Post by neerga » Tue Nov 01, 2016 2:41 pm

I was on Business Development Manager post when i was granted 3 years visa. This time also when we applied we mentioned same post only the soc code was written wrong. My current visa expired on 20th Oct.16. I took priority service and sent my application on 12th oct. 16. Can we note do admn review as except code everything was same and this post is not under 1132 why Home Office did not sent query about it that which code we want to use.
My employer has already applied for slot and also chasing Home Office and waiting for response.

Kind regards

neerga
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Posts: 6
Joined: Mon Oct 31, 2016 6:51 pm

Re: Tier2 general visa extension refused

Post by neerga » Wed Nov 02, 2016 5:30 pm

Kindly reply to my query please.

kind regards

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Djsuccess
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Nigeria

Re: Tier2 general visa extension refused

Post by Djsuccess » Thu Nov 03, 2016 7:05 am

neerga wrote:Kindly reply to my query please.

kind regards
I have read here before that there's a 28 days grace period after your rejection or visa expires for you to file another application. If this is the case, then yes you can still make a fresh application. I understand your job title is the same as three years ago but the mistake is from your side by not checking the SOC before assigning it. The SOC codes are reviewed regularly and since your soc code has changed, and then you have to use the new one. I don't think you have strong reason for AR. ARs are usually successful where the case worker made a mistake but in your case, I the mistake was from your sponsor. I don't know much about AR but you might go for the AR, however, I strongly believe that the only way out of this is to make another application. The earlier your start planning for that the better. Confirm if your sponsor has another CoS for you to use.
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.

neerga
Newly Registered
Posts: 6
Joined: Mon Oct 31, 2016 6:51 pm

Re: Tier2 general visa extension refused

Post by neerga » Thu Nov 03, 2016 10:01 am

Many thanks.

neerga
Newly Registered
Posts: 6
Joined: Mon Oct 31, 2016 6:51 pm

Re: Tier2 general visa extension refused

Post by neerga » Sun Nov 20, 2016 8:32 pm

Hi

My sponsor had applied for admin review as soc code 1132 was split into two codes and 3545 is a transitional code and home office should have asked us for clarification under evidential flexibility as everything else was right and 1132 was written by mistake. My visa was refused on 27th October 2016 and we sent admin review within 14 days and still waiting for decision. Meantime my sponsor had applied for new cos allocation which we have received now.

I would like to know if by chance I get negative response of admin review then do I need to apply immediately for tier 2 visa. Will it be new application or extension application. Will I be overstayed immediately after admin review decision??

Please need urgent advise.

neerga
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Posts: 6
Joined: Mon Oct 31, 2016 6:51 pm

Re: Tier2 general visa extension refused

Post by neerga » Tue Nov 22, 2016 10:52 pm

Please reply I need urgent advise.

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