Tier 2 application refused

gbpmatrix · Post by **gbpmatrix** » Mon Nov 28, 2016 1:27 pm

Hello. I recieved a letter from HO saying my appli is refused. My salary was 23000/year and 39 hours /week. But at the time of application there was a manual entering error from our side as 23000/year and 40 hours / week. HO says if your salary is 23000/year with 40h/week then it will come to 22409/year. but as per requirements to my code of practice the min salary for experiene worker is 23000/year. They gave 14 days time for admin review. And also i came to this country on 09/01/2007. I will qualify for 10 ysr ILR soon. Colud some one please suggest what to do at this point.
Regards

eduleal · Post by **eduleal** » Mon Nov 28, 2016 1:47 pm

All you can do is apply again with a fresh COS, as the mistake was on your side.
Admin review would only apply if the HO had made a mistake.

gbpmatrix · Post by **gbpmatrix** » Mon Nov 28, 2016 1:58 pm

Thats right. But what if apply admin revw and wait till they refuse. By that time i will be qualify to apply for ILR. Can some one please suggest.
Many Thanks

Post by **CR001** » Mon Nov 28, 2016 1:59 pm

Has your visa already expired?

gbpmatrix · Post by **gbpmatrix** » Mon Nov 28, 2016 2:04 pm

Yes, it expired on 13/10/16. I got the letter from HO sat 26/11/16, dated 23/11/16. As i was off on sat , I got it today.

eduleal · Post by **eduleal** » Mon Nov 28, 2016 2:51 pm

That could potentially be a problem, as it will be longer than the 60 days which are allowed between jobs.

gbpmatrix · Post by **gbpmatrix** » Mon Nov 28, 2016 3:03 pm

What would be the best solution for this. And also what does between jobs mean, as i didnt change the job.

gbpmatrix · Post by **gbpmatrix** » Mon Nov 28, 2016 5:49 pm

Hello. In the letter HO mentioned "minimum acceptable rate of pay for a 39 hours working week" is 23000 for my job. Does any one know where is this info on their website. I can see only codes, salary and job title but not hrs/week.
Thank you

Post by **CR001** » Mon Nov 28, 2016 7:15 pm

Page 4 clearly states calculations are based on 39 hours per week (click)

Post by **noajthan** » Mon Nov 28, 2016 7:23 pm

gbpmatrix wrote:Hello. In the letter HO mentioned "minimum acceptable rate of pay for a 39 hours working week" is 23000 for my job. Does any one know where is this info on their website. I can see only codes, salary and job title but not hrs/week.
Thank you

The website should never be relied upon as a definitive statement of guidance let alone a definitive statement of appropriate legislation.

The map is not the territory.

Djsuccess · Post by **Djsuccess** » Tue Nov 29, 2016 2:38 am

gbpmatrix wrote:Thats right. But what if apply admin revw and wait till they refuse. By that time i will be qualify to apply for ILR. Can some one please suggest.
Many Thanks

You need to have a valid visa in order to apply to for ILR. You can not apply for AR with the hope that your case will be delayed until January when you will be qualified for ILR. The best option you have now is to submit another application with a new COS ASAP and possibly go for premium service.
Once your extension is approved you can then apply for ILR after your 10 years is complete.

gbpmatrix · Post by **gbpmatrix** » Tue Nov 29, 2016 9:51 am

Thank you Djsuccess,
As i still have time to apply for AR, will i be not considered as legal stay so that i can apply for ILR. Also i came to know that i can apply for ILR LONG RESIDENCY 28 days before my first Visa was issued. which was on 28/12/2006. or 26/12/2006 -cant remember exactly. i guess i am eligble now for my Ilr appli in that case? Please some one shed some light on this matter. Also if i apply for fresh cos and send new appli- wil i come under new rules" 25000£ min salary which started from 24/11/2016."
Please suggest me.
Many thanks

Post by **CR001** » Tue Nov 29, 2016 10:02 am

For long residence ILR, it is the date you ENTERED the UK initially that is used to count the start of the residence qualifying period. It is NOT the date of visa issue.

gbpmatrix · Post by **gbpmatrix** » Tue Nov 29, 2016 11:02 am

Thank you CR001.
Even though my date of enrty is 09/01/2007.I can apply for Ilr on or after 13/12/2016. If i submit AR and wait for reply it will atleast take me to 13/12/2016. My status will be legal isnt?
And also i am considering to send fresh appli of tier 2 extn with the hours as 39. Could some one please help with the procedure. will i be coming under new rules?

Post by **Frontier Mole** » Thu Dec 01, 2016 8:51 am

If you are not paid £35k how do you qualify for ILR when you are currently on Tier2.

Post by **CR001** » Thu Dec 01, 2016 8:56 am

Frontier Mole wrote:If you are not paid £35k how do you qualify for ILR when you are currently on Tier2.

OP trying to buy time with AR to get to the 10 year long residence ILR mark. Problem is, his visa has already expired.

Post by **Frontier Mole** » Thu Dec 01, 2016 9:11 am

So if a new COS is issued it would be under the new rules and if granted that would give access to ILR... simples

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