TIER2 EXTENSION refusal-review-fresh application:please help

[lasse_ggooorg]

HI Guys,
I am having a nightmare.
So after working with this company for 3 years, I applied to extend my visa for another 2 years in March.
But my application was rejected for insufficient salary requirement.
The job code is 3416 and before April 2017, the minimum salary was £30500 for "39 hours" per week.
But the solicitor we hired missed that and let us submitted application form with 40 hours per week..
The rejection happened 2 weeks ago, but they didn't tell me until I found out yesterday....!!!
In the meantime, my company made slightly higher monthly payment (about 50pounds more) into my account for the last month, which I think is to meet the salary requirement for 40 hours per week. (I assume this was advised by the solicitor)

Yesterday, I spoke to both my company and solicitor what the hell is going on.
Solicitor said it's not a problem, he applied for review, if review gets rejected he will then submit fresh application immediately. I guess if we make fresh application it will have to be made according to the changes since April 2017.
My job code salary requirement actually lowered to £29700 with the recent change so then it will be slightly under £30500 after recalculating it for 40 hours per week, which is good.

My only concern is though, because they paid me higher for the last month, would it be a problem for me to succeed fresh application? Or would it be okay if I can prove my finance otherwise...

I would very much appreciate all your comments and opinions based on your experience!

Thanks for reading.

[iworker]

higher salary should be fine, as long as they continue with it.
AR will most definitely be refused as it was not UKVI fault.
in meantime, u should ask your company to make sure they have a cos allocation, if they dont, they should get one by paid service (costs £200).
once they re-apply for extension, if your previous visa has already expired, you will not be allowed to work. Hence, suggest u go for same day appointment or other accelerated routes.

[lasse_ggooorg]

higher salary should be fine, as long as they continue with it.
AR will most definitely be refused as it was not UKVI fault.
in meantime, u should ask your company to make sure they have a cos allocation, if they dont, they should get one by paid service (costs £200).
once they re-apply for extension, if your previous visa has already expired, you will not be allowed to work. Hence, suggest u go for same day appointment or other accelerated routes.

Thanks so much for your answer!
So does that mean since my salary went higher from last month, it cannot go back to lower amount although the lower amount still meets the required salary according to the current Codes of Practise?

My visa was expired on 2nd April.. so unless if I do the same day service i will have to go back to my country to do this...???!!

Thank you so much for the help.

[paradoxical]

I suspect that you can apply within 28 days of AR review decision. Others can correct me if I am wrong on this bit.

However,

My visa was expired on 2nd April.. so unless if I do the same day service i will have to go back to my country to do this...???!!

If you leave the country with Tier 2 expired, then you can't get another Tier 2 visa for at least one year (cooling off period)!

[CR001]

I suspect that you can apply within 28 days of AR review decision. Others can correct me if I am wrong on this bit.

It has been reduced to 14 days.

[jango0007]

HI Guys,
I am having a nightmare.
So after working with this company for 3 years, I applied to extend my visa for another 2 years in March.
But my application was rejected for insufficient salary requirement.
The job code is 3416 and before April 2017, the minimum salary was £30500 for "39 hours" per week.
But the solicitor we hired missed that and let us submitted application form with 40 hours per week..
The rejection happened 2 weeks ago, but they didn't tell me until I found out yesterday....!!!
In the meantime, my company made slightly higher monthly payment (about 50pounds more) into my account for the last month, which I think is to meet the salary requirement for 40 hours per week. (I assume this was advised by the solicitor)

Yesterday, I spoke to both my company and solicitor what the hell is going on.
Solicitor said it's not a problem, he applied for review, if review gets rejected he will then submit fresh application immediately. I guess if we make fresh application it will have to be made according to the changes since April 2017.
My job code salary requirement actually lowered to £29700 with the recent change so then it will be slightly under £30500 after recalculating it for 40 hours per week, which is good.

My only concern is though, because they paid me higher for the last month, would it be a problem for me to succeed fresh application? Or would it be okay if I can prove my finance otherwise...

I would very much appreciate all your comments and opinions based on your experience!

Thanks for reading.

Any Update regarding your application as i am in same situation where my hr note down wrong hours in COS. Instead of 38.50 HR mentioned 42 hours.
Please advise so i will be prepare after refusal