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Tier2 General fresh application after appeal rightexhausted

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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Kan482141
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Tier2 General fresh application after appeal rightexhausted

Post by Kan482141 » Sun Sep 29, 2013 12:58 pm

Hello all - just wondering if any of you has gone through the same situation as mine.
Applied for tier 2 general - 03rd of Jan 2013
Psw expired - 10th jan 2013
Application refused - 24th of mach 2013 due to not meeting the required salary threshold.
My employer increased my salary and I appealed but appeal got refused saying the salary was increased after the date of decision.
I applied for permissions to both first tier and upper tier tribunals for appeal but got refused. I got a letter from upper tribunal on 9th of september 2013 informing me about failure of my permission application and that I've exhausted all my appeal rights.
I have got a new CoS from my employer now to submit a fresh appllication. What are the chances of such an application getting accepted ? (If anybody has had the same experience please share) plus on my new CoS , my solicitor advised to put 3116 soc code which I checked later and found its an nvq level 4 code. Nothing can be done now as application has already been posted but I was thinking My salary is 26k pa so does it really matter ?

I request some senior members to shed some light on my query please - help will be much appreciated ! Thank you all [/b]

manci
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Joined: Wed Feb 15, 2012 10:10 am

Re: Tier2 General fresh application after appeal rightexhaus

Post by manci » Sun Sep 29, 2013 8:29 pm

Kan482141 wrote:plus on my new CoS , my solicitor advised to put 3116 soc code which I checked later and found its an nvq level 4 code. Nothing can be done now as application has already been posted but I was thinking My salary is 26k pa so does it really matter ?

yes, it does matter. It is the sponsor's responsibility to determine the SOC code for the job. not yours or your solicitor's. Unfortunately if the job is not NQF level 6, and assuming it is not in the creative sector or on the shortage occupation list, your application will be refused again regardless of salary.

Kan482141
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Post by Kan482141 » Sun Sep 29, 2013 9:46 pm

What if it gets refused again ? I know I can't appeal after this application. But I think there must be some way out ?? Since my application is being processed now , can I send them a revised code in post ? Is that acceptable ? Please reply

Kan482141
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Posts: 9
Joined: Sat Sep 28, 2013 8:44 pm
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Post by Kan482141 » Sun Sep 29, 2013 10:05 pm

And on what basis a job is enlisted among shortage occupation jobs ??

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Mon Sep 30, 2013 8:18 am

Kan482141 wrote:What if it gets refused again ? I know I can't appeal after this application. But I think there must be some way out ?? Since my application is being processed now , can I send them a revised code in post ? Is that acceptable ? Please reply
You would need a new CoS and once you have it, and provided there is no decision yet on your application, you can vary the application.

Alternatively, leave the UK (without overstaying for more than 28 days) and apply from abroad with a restricted CoS.

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Mon Sep 30, 2013 10:00 am

MODERATORS
please transfer this thread to the Tier 2 Forum

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