Urgent help required Tier 2

[psw2009]

Hi,

Background:
One of my freind working as warehouse manager job code is 1162, what happend is that his employer try to issue him cos letter on 08-09-2011 but there was no certificate available so employer saved the certificate with code 1162 and request to increast the limit which was increased on 10-10-2011 but when his employer tried to issue cos letter 1162 code was disappeared.

Question:
His employer still willing to recruit him but warehouse manager code does not appear in sms system anymore can he apply for the visa and explain the situaton which occured between 08-09-2011 to 10-10-2011? or does he have any other option?

Thanks alot

[manci]

Warehouse manager SOC code 1162 is a NQF level 3 job and when switching from PSW to the T2G the T2G CoS has to be for a NQF level 6 job (unless an exception applies) - that is the likely reason why the employer was unable to assign the CoS.

[psw2009]

Thanks for your reply, he is switching from Tier4 to Tier2, he is going to have his MBA degree soon, can you please let me know what other option he have as there is no other code which is at level of NQF level 6 and match her job,

Is government going relax rules for MBA degree holders from April?

Thanks alot

[psw2009]

sorry, just want to add that his employer did Residence labour market test and he was most suitable candidate but employer is not able to issue cos for the said reason

[manci]

Thanks for your reply, he is switching from Tier4 to Tier2, he is going to have his MBA degree soon, can you please let me know what other option he have as there is no other code which is at level of NQF level 6 and match her job,

Is government going relax rules for MBA degree holders from April?

Thanks alot

if he is getting an MBA may be that will help him get a NQF level 6 job, Read para 16 as to what is required when switching from T4 to T2G.

[lalwani.a]

Hi Manci,

I have applied for T2G visa in Jan after receiving CoS from employer, gave the biometrics in 1st week of Feb but unfortunately still waiting for the outcome. Yesterday I came across one post that visa is being delayed due to wrong SOC code so I though to check mine in case if it is wrong. When I cross verified the code on CoS with the list available on UKBA, I found that the salary requirement is higher that what I actually receive.

I also came across some posts that the visa get refused because of this wrong code and salary not matching with code. Now the issue is what options do I have if the application is refused (I suspect it will be refused).

I would be grateful to you if you can throw some light on this case with help of your knowledge and expertise. My HR has also spoken to UKBA about the options and they said that it will be refused and employee has to leave country, or go for appeal or withdraw the current application and reapply the new application.

Could you tell me what should I do?

Thanks, Ashok

[manci]

have you applied to switch from PSW to T2G?

When does your present leave expire?

Note that there will be substantial changes in the appropriate salary levels from 6 April. What is your job and SOC code?

[lalwani.a]

Hi, the leave has already expired on 18th Feb and I applied for my visa on 22nd January by post. Yes I have switched from PSW to T2G. I have used SOC code 2422 which is at 15.8 per hour. I currently work as Planning Analyst with current employer since 2 years. My current pay is 24500.

Tks/ Ashok

have you applied to switch from PSW to T2G?

When does your present leave expire?

Note that there will be substantial changes in the appropriate salary levels from 6 April. What is your job and SOC code?

[manci]

have you put the same salary and job title in your application as are stated in the CoS?

[lalwani.a]

In cos we have used the same code and escription as mentioned in code of practice. In visa application they just asked current position and I have used the actual one and not from cos while I have used the same salary.

have you put the same salary and job title in your application as are stated in the CoS?

[manci]

On the application form you should have put the title of the job you are applying for, not the title of the job you are doing at present under PSW.

SOC 2422 is for management accountants and that is what you should have put in the application form under job title.

However, the main issue is the salary. HR put a salary in the CoS which is below the min. level for SOC 2422 and your application mirrored the inadequate salary.

The application will be refused and since your leave expired more than 28 days ago it is not now possible to withdraw the application and re-apply with a new CoS (even if your employer were prepared to increase your salary to the required level).

To continue working for your present employer the best plan would be for you to leave the UK and apply for T2G entry clearance with a new CoS for which RLMT will also be required.

On the positive side, appropriate salary levels will change on 6 April and you may find that a lower min salary may be applicable to your job. Check what is in the the Statement of Changes for the new Appendix J and note that SOC 2422 will become 2421:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[lalwani.a]

Manci,

1. The job title I am applying in visa application and my current job are both same and this is the reason I have used the current actual one in visa application without knowing that the description has to be Management Accountants (same like CoS)

2. How much time will I get after refusal to leave the country and is it not possible to reapply within UK if I get any grace period through priority postal or premium service?

3. HR used this process on their own with help of internal solicitors (who are not immigration experts) which created this mess and now they are contacting some lawyer to work out some solution.

4. I spoke to immigration enquiry bureau yesterday and they said that you can reapply with new visa and new CoS and attach a letter that please ignore our previous application and consider the fresh application. I don't know whether it does work or was it just a fluke.

5. If I apply from outside the county with new CoS do I need to do RLMT even if new rules say that PSW category is exempt from this? Will I get any overstay stamp on my passport and will it affect my new application.

6. Lastly, according to new codes from 6th April will I be considered as new or experienced? The code says that use new if moving from PSW and also says that age should be below 26 which I am not so confused which one will I fall under.

Thanks Ashok

[manci]

Manci,

1. The job title I am applying in visa application and my current job are both same and this is the reason I have used the current actual one in visa application without knowing that the description has to be Management Accountants (same like CoS)

2. How much time will I get after refusal to leave the country you are likely to get a right to appeal within 10 working days of receiving the refusal letter and your stay in the UK during this period will be lawful, beyond it, if you don't appeal, will be overstaying and is it not possible to reapply within UK if I get any grace period through priority postal or premium service? no, unless you are not given a right to appeal.

3. HR used this process on their own with help of internal solicitors (who are not immigration experts) which created this mess and now they are contacting some lawyer to work out some solution.

4. I spoke to immigration enquiry bureau yesterday and they said that you can reapply with new visa and new CoS and attach a letter that please ignore our previous application and consider the fresh application. I don't know whether it does work or was it just a fluke. it might work if the sponsor withdrew the CoS, issued a new CoS with the appropriate salary and you varied your application accordingly BUT ONLY IF A DECISION HAS NOT YET BEEN TAKEN BY UKBA ON YOUR CURRENT APPLICATION.

5. If I apply from outside the county with new CoS do I need to do RLMT even if new rules say that PSW category is exempt from this? RLMT will be required as you will no longer be under PSW Will I get any overstay stamp on my passport and will it affect my new application. if you overstayed that may well affect your application, therefore you should try not to overstay. Note that at the present time you are not overstaying as you have leave under section 3C.

6. Lastly, according to new codes from 6th April will I be considered as new or experienced? The code says that use new if moving from PSW and also says that age should be below 26 which I am not so confused which one will I fall under. if you re-apply as per 4 above you will still be PSW but if you apply for entry clearance from abroad you will have lost your PSW status so in the latter case, since you are over 26, the experienced worker category will apply
Thanks Ashok

[lalwani.a]

Manci,

2. How much time will I get after refusal to leave the country you are likely to get a right to appeal within 10 working days of receiving the refusal letter and your stay in the UK during this period will be lawful, beyond it, if you don't appeal, will be overstaying and is it not possible to reapply within UK if I get any grace period through priority postal or premium service? no, unless you are not given a right to appeal. what are the circumstances or chances that they will not provide appeal which works for me to re-apply

4. I spoke to immigration enquiry bureau yesterday and they said that you can reapply with new visa and new CoS and attach a letter that please ignore our previous application and consider the fresh application. I don't know whether it does work or was it just a fluke. it might work if the sponsor withdrew the CoS, issued a new CoS with the appropriate salary and you varied your application accordingly BUT ONLY IF A DECISION HAS NOT YET BEEN TAKEN BY UKBA ON YOUR CURRENT APPLICATION. My employer checked the SMS system and the CoS shows as used by UKBA on 15th March, does that mean they have made the decision. If not, how can my employer withdraw the the CoS from SMS system and how can I then inform UKBA Sheffield to consider this new application based on new CoS. I mean the proper process. I have just now spoke to enquiry service and the lady told me that ask employer to write a letter to UKBA and ask the caseworker to ignore our previous application which was made due to mistake in CoS. Also mention that we are happy to withdraw application and make fresh one with correct code and description. What do you think about this because I don't know whether decision is made or not.

5. If I apply from outside the county with new CoS do I need to do RLMT even if new rules say that PSW category is exempt from this? RLMT will be required as you will no longer be under PSW Will I get any overstay stamp on my passport and will it affect my new application. if you overstayed that may well affect your application, therefore you should try not to overstay. Note that at the present time you are not overstaying as you have leave under section 3C. Does that mean either the refusal carry the right to appeal or right to re-apply but not both?

6. Lastly, according to new codes from 6th April will I be considered as new or experienced? The code says that use new if moving from PSW and also says that age should be below 26 which I am not so confused which one will I fall under. if you re-apply as per 4 above you will still be PSW but if you apply for entry clearance from abroad you will have lost your PSW status so in the latter case, since you are over 26, the experienced worker category will apply I dont understood why I am loosing my PSW status just because my visa was refused?

Thanks Ashok

[manci]

Manci,

2. How much time will I get after refusal to leave the country you are likely to get a right to appeal within 10 working days of receiving the refusal letter and your stay in the UK during this period will be lawful, beyond it, if you don't appeal, will be overstaying and is it not possible to reapply within UK if I get any grace period through priority postal or premium service? no, unless you are not given a right to appeal. what are the circumstances or chances that they will not provide appeal which works for me to re-apply almost nil

4. I spoke to immigration enquiry bureau yesterday and they said that you can reapply with new visa and new CoS and attach a letter that please ignore our previous application and consider the fresh application. I don't know whether it does work or was it just a fluke. it might work if the sponsor withdrew the CoS, issued a new CoS with the appropriate salary and you varied your application accordingly BUT ONLY IF A DECISION HAS NOT YET BEEN TAKEN BY UKBA ON YOUR CURRENT APPLICATION. My employer checked the SMS system and the CoS shows as used by UKBA on 15th March, does that mean they have made the decision. If not, how can my employer withdraw the the CoS from SMS system and how can I then inform UKBA Sheffield to consider this new application based on new CoS. I mean the proper process. I have just now spoke to enquiry service and the lady told me that ask employer to write a letter to UKBA and ask the caseworker to ignore our previous application which was made due to mistake in CoS. Also mention that we are happy to withdraw application and make fresh one with correct code and description. What do you think about this because I don't know whether decision is made or not. If the CoS is "used" it means that they have considered your application, however, there is no harm in trying what the enquiry service suggested - there is nothing to loose

5. If I apply from outside the county with new CoS do I need to do RLMT even if new rules say that PSW category is exempt from this? RLMT will be required as you will no longer be under PSW Will I get any overstay stamp on my passport and will it affect my new application. if you overstayed that may well affect your application, therefore you should try not to overstay. Note that at the present time you are not overstaying as you have leave under section 3C. Does that mean either the refusal carry the right to appeal or right to re-apply but not both? yes, that is likely to be the case and it is almost certain that it will be a refusal

6. Lastly, according to new codes from 6th April will I be considered as new or experienced? The code says that use new if moving from PSW and also says that age should be below 26 which I am not so confused which one will I fall under. if you re-apply as per 4 above you will still be PSW but if you apply for entry clearance from abroad you will have lost your PSW status so in the latter case, since you are over 26, the experienced worker category will apply I dont understood why I am loosing my PSW status just because my visa was refused? because one can only score points in the PSW category for leave to remain applications, not entry clearance.
Thanks Ashok

[lalwani.a]

Shall I ask HR to send the letter today itself saying that due to oversight we created a mistake in CoS and eventually in visa application. We then request them to ignore our application so we can make a new one. Once they confirm us if they ignore or withdraw then I can then make a new application. Today its a strike at UKBA so if I send it by next day delivery than it will reach tomorrow. What do you suggest? Also do mention what else I need to highlight in that letter. I will play a gamble than on this.

Also I tried points calculator on UKBA website and it says you have enough points to apply from outside UK. See below :

Points-based calculator

Points summary

Select the Tier for which you are applying. Tier 2 (Skilled workers)
Select the category of Tier 2 for which you are applying. Tier 2 (General)
Where are you applying from? Outside the United Kingdom
Your points are calculated in the table below.
You can use the section headings to return to any section of the tool and change any of your answers.
Your points
Attributes Your points
30
20
Total (50 points required) 50
English language Your points
10
Total (10 points required) 10
Maintenance Your points
10
Total (10 points required) 10
You appear to have enough points to apply for permission to come to the UK (known as 'leave to enter') under the skilled worker category of tier 2.


Tks/ Ashok

Manci,

2. How much time will I get after refusal to leave the country you are likely to get a right to appeal within 10 working days of receiving the refusal letter and your stay in the UK during this period will be lawful, beyond it, if you don't appeal, will be overstaying and is it not possible to reapply within UK if I get any grace period through priority postal or premium service? no, unless you are not given a right to appeal. what are the circumstances or chances that they will not provide appeal which works for me to re-apply almost nil

4. I spoke to immigration enquiry bureau yesterday and they said that you can reapply with new visa and new CoS and attach a letter that please ignore our previous application and consider the fresh application. I don't know whether it does work or was it just a fluke. it might work if the sponsor withdrew the CoS, issued a new CoS with the appropriate salary and you varied your application accordingly BUT ONLY IF A DECISION HAS NOT YET BEEN TAKEN BY UKBA ON YOUR CURRENT APPLICATION. My employer checked the SMS system and the CoS shows as used by UKBA on 15th March, does that mean they have made the decision. If not, how can my employer withdraw the the CoS from SMS system and how can I then inform UKBA Sheffield to consider this new application based on new CoS. I mean the proper process. I have just now spoke to enquiry service and the lady told me that ask employer to write a letter to UKBA and ask the caseworker to ignore our previous application which was made due to mistake in CoS. Also mention that we are happy to withdraw application and make fresh one with correct code and description. What do you think about this because I don't know whether decision is made or not. If the CoS is "used" it means that they have considered your application, however, there is no harm in trying what the enquiry service suggested - there is nothing to loose

5. If I apply from outside the county with new CoS do I need to do RLMT even if new rules say that PSW category is exempt from this? RLMT will be required as you will no longer be under PSW Will I get any overstay stamp on my passport and will it affect my new application. if you overstayed that may well affect your application, therefore you should try not to overstay. Note that at the present time you are not overstaying as you have leave under section 3C. Does that mean either the refusal carry the right to appeal or right to re-apply but not both? yes, that is likely to be the case and it is almost certain that it will be a refusal

6. Lastly, according to new codes from 6th April will I be considered as new or experienced? The code says that use new if moving from PSW and also says that age should be below 26 which I am not so confused which one will I fall under. if you re-apply as per 4 above you will still be PSW but if you apply for entry clearance from abroad you will have lost your PSW status so in the latter case, since you are over 26, the experienced worker category will apply I dont understood why I am loosing my PSW status just because my visa was refused? because one can only score points in the PSW category for leave to remain applications, not entry clearance.
Thanks Ashok

[manci]

Shall I ask HR to send the letter today itself saying that due to oversight we created a mistake in CoS and eventually in visa application. the sooner the better

[lalwani.a]

Hi Manci, Have you got the fax number of Sheffield office. I have to fax the letter - I have also sent it by courier.

Thanks/ Ashok

Shall I ask HR to send the letter today itself saying that due to oversight we created a mistake in CoS and eventually in visa application. the sooner the better

[manci]

There are various caseworker teams at Sheffield and they probably have different fax numbers. Two fax numbers to try: 0114 207 5865 or 0114 207 5869

[lalwani.a]

Hi Manci, Unfortunately I have got the refusal letter today after sending the letter and faxes yesterday. They did got the letter today but of no use. So quickly Section B in letter states that you can appeal. Under this section B there is One Stop Warning which says that you should disclose additional information and so on WHAT DOES THIS MEAN?. Also there is section D which says option to make new application. Also it doesn't say that I have how many days to leave voluntarily. Could you help please?

Thanks/ Ashok

There are various caseworker teams at Sheffield and they probably have different fax numbers. Two fax numbers to try: 0114 207 5865 or 0114 207 5869

[lalwani.a]

Manci, Need your urgent help please

Hi Manci, Unfortunately I have got the refusal letter today after sending the letter and faxes yesterday. They did got the letter today but of no use. So quickly Section B in letter states that you can appeal. Under this section B there is One Stop Warning which says that you should disclose additional information and so on WHAT DOES THIS MEAN?. Also there is section D which says option to make new application. Also it doesn't say that I have how many days to leave voluntarily. Could you help please?

Thanks/ Ashok

There are various caseworker teams at Sheffield and they probably have different fax numbers. Two fax numbers to try: 0114 207 5865 or 0114 207 5869

[lalwani.a]

Hi Manci, I need your help - I trust your answers that is the reason I am still waiting for your reply. Please revert back or message me your contact number. Thanks Ashok

Manci, Need your urgent help please

Hi Manci, Unfortunately I have got the refusal letter today after sending the letter and faxes yesterday. They did got the letter today but of no use. So quickly Section B in letter states that you can appeal. Under this section B there is One Stop Warning which says that you should disclose additional information and so on WHAT DOES THIS MEAN?. Also there is section D which says option to make new application. Also it doesn't say that I have how many days to leave voluntarily. Could you help please?

Thanks/ Ashok

There are various caseworker teams at Sheffield and they probably have different fax numbers. Two fax numbers to try: 0114 207 5865 or 0114 207 5869

[manci]

Hi Manci, Unfortunately I have got the refusal letter today after sending the letter and faxes yesterday. They did got the letter today but of no use. So quickly Section B in letter states that you can appeal. Under this section B there is One Stop Warning which says that you should disclose additional information and so on WHAT DOES THIS MEAN?. Also there is section D which says option to make new application. Also it doesn't say that I have how many days to leave voluntarily. Could you help please?

Thanks/ Ashok

You have a right to appeal. If you decide to appeal this must be done on form IAFT-1 so that it is received by the tribunal within 10 working days of the service of the refusal letter. Saturday, Sunday and Good Friday are not working days.

Your appeal would be on the grounds that your sponsor made a mistake in the CoS. Difficult to say what the chances of success are, probably not very high because the refusal decision was in fact correct. However, you can stay in the UK while the appeal is in progress. There is a section on the appeal form where you can state the additional grounds mentioned under "One Stop Warning" in the refusal letter.

Whether you want to go through the appeals process has to be your decision but if you do it would be advisable to get professional help. As the whole matter arose because of the mess your sponsor made of the CoS perhaps they can arrange this and pay for it.

Your section 3C leave stopped when the refusal decision was made and you are now an overstayer.

The alternative to an appeal is to leave the UK and apply for entry clearance from your home country after you have been assigned a new (restricted) CoS which will require an RLMT. If you don't overstay for more than 28 days you will not be penalised for the overstay.

In section D of the refusal letter they probably say that you can only re-apply if you are not entitled to a statutory right of appeal.

[lalwani.a]

Thanks Manci, I was dying for your reply - I was so frustated today.

1. My passport is retained by UKBA and when I called the agency they said it will take around a week to collect the passport so I think may be max I have 10 days to leave. This means when I leave I will get overstay stamp on passport? Is that going to affect my future application?

2. My employer is taking legal help on appeal. But do you think we can argue based on the letter we sent to UKBA accepting our mistake and also HR reiterating that it was done from their part. How strong the argument would be? Hope the appeal has to be based on the documents submitted and not based on any new information.

3. If I apply from home country and after RLMT do my employer need restricted CoS access or unrestricted. They issued me unrestricted in my original application or does it vary due to PSW and non PSW? If it is restricted do they need to apply again to UKBA for getting restricted access?

Thanks. Ashok

Hi Manci, Unfortunately I have got the refusal letter today after sending the letter and faxes yesterday. They did got the letter today but of no use. So quickly Section B in letter states that you can appeal. Under this section B there is One Stop Warning which says that you should disclose additional information and so on WHAT DOES THIS MEAN?. Also there is section D which says option to make new application. Also it doesn't say that I have how many days to leave voluntarily. Could you help please?

Thanks/ Ashok

You have a right to appeal. If you decide to appeal this must be done on form IAFT-1 so that it is received by the tribunal within 10 working days of the service of the refusal letter. Saturday, Sunday and Good Friday are not working days.

Your appeal would be on the grounds that your sponsor made a mistake in the CoS. Difficult to say what the chances of success are, probably not very high because the refusal decision was in fact correct. However, you can stay in the UK while the appeal is in progress. There is a section on the appeal form where you can state the additional grounds mentioned under "One Stop Warning" in the refusal letter.

Whether you want to go through the appeals process has to be your decision but if you do it would be advisable to get professional help. As the whole matter arose because of the mess your sponsor made of the CoS perhaps they can arrange this and pay for it.

Your section 3C leave stopped when the refusal decision was made and you are now an overstayer.

The alternative to an appeal is to leave the UK and apply for entry clearance from your home country after you have been assigned a new (restricted) CoS which will require an RLMT. If you don't overstay for more than 28 days you will not be penalised for the overstay.

In section D of the refusal letter they probably say that you can only re-apply if you are not entitled to a statutory right of appeal.

[manci]

Thanks Manci, I was dying for your reply - I was so frustated today.

1. My passport is retained by UKBA and when I called the agency they said it will take around a week to collect the passport so I think may be max I have 10 days to leave. This means when I leave I will get overstay stamp on passport? Is that going to affect my future application? Not sure if your passport will be marked but provided you don't overstay by more than 28 days your future applications should not be affected. If you decide to leave the UK keep evidence of the date you left (e.g. ticket). It may be that if you decide not to appeal but leave the UK you will only get back your passport at the airport - UKBA should tell you what the procedure is

2. My employer is taking legal help on appeal. But do you think we can argue based on the letter we sent to UKBA accepting our mistake and also HR reiterating that it was done from their part. How strong the argument would be? Hope the appeal has to be based on the documents submitted and not based on any new information. Rely on the advice from the immigration professional. If it is decided to appeal ask if it would strengthen your case if your sponsor issued a new CoS before submitting the appeal.

3. If I apply from home country and after RLMT do my employer need restricted CoS access or unrestricted. They issued me unrestricted in my original application or does it vary due to PSW and non PSW? If it is restricted do they need to apply again to UKBA for getting restricted access? If you apply for entry clearance from your home country you will need a restricted CoS. Your sponsor would have to apply for one. There is a monthly quota and decisions on applications received by UKBA by the 5th of a month are made on the 11th of the same month.
Thanks. Ashok