Got refusal from Tier 2 application and Tier 4 visa expired.

[Monicacxc]

Someone can help me please. I'm in a desperate and urgent situation and really need some professional suggestions.

I received the reject letter of applying Tier 2 visa on 8th February which the letter was sent out on 6th February. The reason is because my salary of code 3538 financial manager doesn't match the lowest experienced employee salary. My salary is £25000 plus 2000 allowance for my exam fee which should be 27000 in total. And I am a new stater employee which my employer think I should be the new entrant and my current salary is above the £22500 for the new entrant one. But because we choosed to apply five- years visa which made me become an experienced employee automatically.
The refusal letter said that I can apply for a administrative review within 14 days or I can apply for another capacity with appropriate application fee (which I don't really understand what does another capacity means)
After my employer called the home office, they said that I can make a fresh application.

But my concern is: my visa has already been expired on 30 of January. The application I made was on 4th of January.

After i consulted a lawyer, he said that if i make a fresh application now, the home office can reject it immediately because my visa was expired. And he said I can choose to apply the administrative review first to make the door open ( put it into pending period), and then make the fresh application.

But after I searched about administrative review document, it says f an applicant has made an application for administrative review which is pending,
' the administrative review application ceases to be pending if the applicant makes an
application for entry clearance, leave to enter or leave to remain. The application for
administrative review ceases to be pending because the effect of making the fresh
application is to withdraw the administrative review.

If the applicant’s leave was extended under section 3C, the day on which the
administrative review stops being pending is the last day of their section 3C leave.
The new application is therefore made out of time on the first day after the
applicant’s leave expired and does not further extend 3C leave.'

So now I am confused, should I apply for administrative review or not? On the policy, it seems like even if I apply for administrative review, my application still will be out of time ?

Can someone help me about this please, really frustrated.

[Monicacxc]

And now my employer has already ordered the new COS. And put the employment date as three years rather than 5 years.
My another question is this time we put the start date as 1st of February, which is different from last time. Will the home office consider it is a mistake again?

[Hopeful42]

And now my employer has already ordered the new COS. And put the employment date as three years rather than 5 years.
My another question is this time we put the start date as 1st of February, which is different from last time. Will the home office consider it is a mistake again?

Do you know if your employer has requested your COS for the February or March allocation?

A moderator would probably need to confirm but I think I read here that the start date on your COS can only be different from your actual job start date by 1 month. So if your employer requested the new COS after the 5th of this month your request won’t be looked at until mid March and I’m assuming that even if you’re able to switch within the UK you could not start your role without the COS.

[UKLL]

And now my employer has already ordered the new COS. And put the employment date as three years rather than 5 years.
My another question is this time we put the start date as 1st of February, which is different from last time. Will the home office consider it is a mistake again?

They only rely on the information on the current CoS, so it does not matter if the start date is different
from previous CoS

I don' know the answer to the first one, it does read as if you make a new application when the admin review is pending, the new one will be made out of time. What if apply after the admin review is decided? Do people sill have 7 days or something to stay if the administrative is unsuccessful?

[Monicacxc]

And now my employer has already ordered the new COS. And put the employment date as three years rather than 5 years.
My another question is this time we put the start date as 1st of February, which is different from last time. Will the home office consider it is a mistake again?

Do you know if your employer has requested your COS for the February or March allocation?

A moderator would probably need to confirm but I think I read here that the start date on your COS can only be different from your actual job start date by 1 month. So if your employer requested the new COS after the 5th of this month your request won’t be looked at until mid March and I’m assuming that even if you’re able to switch within the UK you could not start your role without the COS.

Thanks so much for your replay. I only know that my employer applied the new cos on 9th of February, and on the cos she stated my start date as 1 of February. And we ordered priority service so the new cos will be received in 5 working days. Is that OK?

[Hopeful42]

[quote=Hopeful42 post_id=<a href="tel:1595963">1595963</a> time=<a href="tel:1518295136">1518295136</a> user_id=186992]
[quote=Monicacxc post_id=<a href="tel:1595809">1595809</a> time=<a href="tel:1518261133">1518261133</a> user_id=188745]
And now my employer has already ordered the new COS. And put the employment date as three years rather than 5 years.
My another question is this time we put the start date as 1st of February, which is different from last time. Will the home office consider it is a mistake again?

Do you know if your employer has requested your COS for the February or March allocation?

A moderator would probably need to confirm but I think I read here that the start date on your COS can only be different from your actual job start date by 1 month. So if your employer requested the new COS after the 5th of this month your request won’t be looked at until mid March and I’m assuming that even if you’re able to switch within the UK you could not start your role without the COS.
[/quote]

Thanks so much for your replay. I only know that my employer applied the new cos on 9th of February, and on the cos she stated my start date as 1 of February. And we ordered priority service so the new cos will be received in 5 working days. Is that OK?
[/quote]

Oh my apologies I thought you were referring to needing a restricted COS as your visa had expired but if it’s unrestricted COS I can’t really help sorry as I don’t know much about them.