Tier 2 Extension Visa refusal

[naval1234]

Hi all,

I really hope you guys can help me with this.

I applied for Tier 2 visa extension application today via a premium service center. However it was refused as my salary was lower than the specified salary in SOC code for experienced worker. I applied in 2122 SOC code (Mechanical Design Engineer). My salary is 32700 and the threshold is 32900. Whatever is done is done. My employer has no problem in increasing my salary as I was supposed to be promoted to Senior Design engineer next week. My current Visa is valid until April 1st.

My question to you guys is :
1. Is it ok for me to reapply with a new COS in the same SOC code and improved salary as a Senior Mechanical design engineer? OR should I leave it as Mechanical Design engineer and show only my salary increase.

2. How soon should I reapply, thats because if I reapply next week UKBA might think something is fishy as how did I get a salary increase in such a short span of time. Although the truth is I was supposed to get an increase anyway next week.

3. What is your opinion?

I would really appreciate and be thankful if you guys could suggest me something as my mind is going insane with the thought of losing a good career I've made for myself here.

[manci]

Reapply before your visa expires. The SOC code is 2122 for mechanical engineers. if there is a change in the job title or job description that will be given in the CoS but it is not essential to have any change apart from the increased salary. There is nothing fishy about increasing a salary in order to pass the threshold.

[alimista15]

Hi all,

I really hope you guys can help me with this.

I applied for Tier 2 visa extension application today via a premium service center. However it was refused as my salary was lower than the specified salary in SOC code for experienced worker. I applied in 2122 SOC code (Mechanical Design Engineer). My salary is 32700 and the threshold is 32900. Whatever is done is done. My employer has no problem in increasing my salary as I was supposed to be promoted to Senior Design engineer next week. My current Visa is valid until April 1st.

My question to you guys is :
1. Is it ok for me to reapply with a new COS in the same SOC code and improved salary as a Senior Mechanical design engineer? OR should I leave it as Mechanical Design engineer and show only my salary increase.

2. How soon should I reapply, thats because if I reapply next week UKBA might think something is fishy as how did I get a salary increase in such a short span of time. Although the truth is I was supposed to get an increase anyway next week.

3. What is your opinion?

I would really appreciate and be thankful if you guys could suggest me something as my mind is going insane with the thought of losing a good career I've made for myself here.

Also Make sure your salary is for 39 hours, not 40 hours.

[naval1234]

Thanks guys for your reply.

Manci: My salary will probably be hiked to 37k from the current 32700. Will that be a problem? Is this a very major increase?

I will be applying with the same SOC code and same job description. I wont be changing my job title.
My employer can do that through the SMS service later on after I have received my visa.

Whats really strange is that one of my colleagues applied through the same soc code same salary and got the visa approved still. The only difference is that he applied through normal postal application and I did that through premium appointment. His COS was same as mine in terms of job description SOC code and salary. Thats why I didn't see this coming at all. The only explanation I can think of is that the case worker didn't notice and missed these details. Anyways good for him.

alimista15: Thank you for the info. My salary is based on 39 hrs only. So I just need to get a new cos with increased salary and apply again, which my employer has no problem with.
Does it matter if I apply next week? Is it too early to apply?

[manci]

Ask your sponsor for a printout of the CoS and make sure the details you put in the application match exactly those in the CoS. You can apply next week if you want but keep in mind that the new period of leave will start from the date of a positive decision, not from the date of expiry of your current visa.

[naval1234]

ManciL Thanks for the reply again. IMy COS had 3 years on it earlier and the new one will be the same as well and expire in April 2019 so for 5 year thing I would be ok.


Thanks for your help again. Really appreciate it.

[naval1234]

Hi Manci: I've discussed with HR about my promotion but wanted to get your opinion.

They are giving me a promotion and a salary raise. MY Designation will be a Senior design engineer in the same SOC Code 2122 (I had the same SOC code when I applied for my tier 2 visa). My salary will be now 37000 as well. Although the SOC code is the same my duties will be slightly different. I will be doing the same design work that I used to do but also lead a small team.

Does this mean I can still apply in the same SOC code?

Would it be better If I apply without the promotion and just get a salary raise. HR could later inform UKBA using SMS service?

I'm just being extra careful with my application.

My Friend also suggested me to use an immigration lawyer just to be on the safe side.

Apologies if I'm asking so many questions. I can handle a painful customer but not UKBA !!

[Godfrey-Eze]

Hi, I need urgent advise please. My Tier 2 extension was refused yesterday. Reason my salary of 22,829.04 is less than the 29,400 based on the SOC code 2429 (SOC code of 2010) used by my employer.

My original code was 2441 based on SOC code 2000.

My question can I reapply with a new Certificate of Sponsorship if my employer uses a different but lower level SOC Code?

If not do I have enough reason to challenge home office decision?

Please help!

[manci]

Hi, I need urgent advise please. My Tier 2 extension was refused yesterday. Reason my salary of 22,829.04 is less than the 29,400 based on the SOC code 2429 (SOC code of 2010) used by my employer.

My original code was 2441 based on SOC code 2000.

My question can I reapply with a new Certificate of Sponsorship if my employer uses a different but lower level SOC Code?
if your employer wishes to sponsor you for a different job anD SOC code they'll have to carry out an RLMT

If not do I have enough reason to challenge home office decision?
no

Please help!

[Godfrey-Eze]

Thank for your reply,

My job is still the same....core duties a bit different though.
My concern is that my job description matches closer with SOC codes of 2010 in a lower skilled level rather than the 2429 which was used.

Does this make any difference.
I would have thought using an SOC code that closely matched my job description is what should have been used.

Do you think it makes sense to enquire from the ONS about the code my employer should use now, and would they still need to do a RLMT should they decide to use a different code.


I really need advise please