Administrative Review visa Refusal error working hours

[msi10]

Hi Everyone,

Unfortunately received that my visa Tier 2 has been refused due to and error in the CoS number and the working hours assigned to it. Im applying as software developer salary £24.000 year (39 hours/weekly) but the CoS is for £24.000 year (40 hours/weekly), for that reason was refused and I didn't claimed the points for appropriate salary.

However, they are giving me the option to do administrative review in the following 14 days, my question is if you can help me:

1. Is it possible to just update the current CoS to 39 hours/weekly or update salary to match 40 hours/weekly and do the administrative review?
2. In case is not possible to update the CoS, would it be possible to do it through a "Sponsor note" to the CoS and a letter from the company with £24.000 year (39 hours/weekly)?

I would really appreciate any comment!

Thank you very much.
Regards,

[iworker]

1. no, cant change the cos once it has been 'assigned'.
2. I dont think u can add note to your cos as its status would have changed from 'assigned' to 'used'.

you can make changes or provide additional docs while applying for AR.
Your only option is to ask your employer to issue you a new cos and you apply for a new visa with new fee, IHS etc.

[msi10]

Thanks iworker for your answer,

Im confuse with the last part of your answer, can I make changes or provide additional documents in the AR? do you think providing a letter from my employee where they specify my contract for £24.000 year (39 hours/weekly) would be enough? or what type of documents do you recommend to provide?

Or actually my only option is to apply again with a new CoS?

[nisarmalik]

Due u have contact letter.?
It's for 39 hrs or 40 hrs?

[msi10]

Thank you nisarmalik,
The company told me that they can specify 39hours for the contract if that is required.

[nisarmalik]

If u decide to go for AR u can take a letter from the company saying that u r contacted for 39 hrs and by mistake we put 40 hr in cos. Also don't forget to put the copy of contact letter with 39 hrs and 24000 salary dated before u cos assign.
If u decide to apply again get new cos for 39 hrs.

[msi10]

Ok, thank you very much for your comments nisarmalik and iworker, I will keep posting further steps..

[iworker]

the above information is wrong. You can not provide additional documents in AR. You can not also change the original information in AR.
AR means that you are asking them to review the decision as you think the documents you provided in the application were not given due consideration and the original decision was wrong.
In this case, the original descision was correct, you visa was rightly refused as your salary was less than it should have been.
Applying for AR will only waste your time and money.

[msi10]

Thank you iworker for your response,
You are right, my sponsor called the HO and is not possible to change the CoS or provide additional documents in AR.

So my sponsor already applied for another CoS and I will apply again.

However, could you help me with these additional questions:

1. They didnt returned the police registration certificate, so in the new application shall I just select I do not have one? because if I select I have one I will need to send this document and the document checklist would be incomplete.

2. Same thing with the passport, they havent returned it due to I had the option for the AR, however as my previous visa Tier 4 has already expired (31/01/2016), will they keep the passport for 28 days until either I apply again or leave the country?

3. I am now confused with the route or link to go for applying to Tier 2 (General) Switching because both sections in Tier 2 switching and extending lead to the same portal https://visas-immigration.service.gov.u ... r2-general and this is for Tier 2 (general) leave to remain. What is the route for my Tier 2 (General) Switching?

4. I am applying under the 2136 code of practice which is in the shortage occupation list, do I have to pay £651.00 or £428.00? Because in the first application I paid £428.00 which is the amount if your code is in the shortage occupation list, but they sent me a letter a few days after I applied that I had to pay £223 extra because I was applying for switching not to leave to remain. So this question is related to the previous, Am I going to the wrong place online?

Thank you very much for your comments, they are really helpful.

[iworker]

I am not sure about police certificate. Can you not apply for a new one from police and send it with the new application. If not, you can always include a covering letter to say that the police certificate is already with ukvi.
2. you will have an option to select that passport is with ukvi currently. add a covering letter and explain and give references of previous application number and say passport is already with you.
3. correct link to apply for leave for tier 2 general
4. if you are a software developr in computer animation or electronic industry, you do not fall under shortae occupation. certain jobs in 2136 falls under shortage occupation and not a blanket of all jobs in 2136. pay accordingly.

[tida2004]

Best option would be add a note on sponsor note.

[msi10]

Thank you tida2004, however add an sponsor note is not possible since the state of the CoS number has changed, so Im applying again on a fresh application.

Thank you iworker for your answers, and now a few new questions have emerged:

1. Im filling the application and there is no option to select that my passport is with ukvi currently. Im going to add the letter explaining, but in the checklist document still appears i required to send the passport, is that fine?
2. The 28 days rule for overstaying applies from the day that my visa Tier 4 expired (31/01/2016) or from the date of refusal (04/02/2016)? Filling the application and adding the date of visa tier4 expiration showed me a msj that I must send application before 28/02/2016, but I guess this is because is a fresh application and its not taking into account the refusal?

Really appreciate any comment as always.
Thanks.

[iworker]

1 yes
2 from date of refusal. but always better to do it as soon as possible anyway,.

[msi10]

Thank you iworker,

Im now a bit worried about the allocation of the CoS as it can take some days or weeks.

My sponsor already applied for that and did call and send urgent email to allocate it.

However, i dont have too many days to stay with a valid leave to remain here..after reading all docs I have this plan but im not sure if it would work, would appreciate your comments:

1. Refusal: 04 Feb 16 (in-time application)
2. I received decision refusal (proof postage): 11 Feb 16
3. Deadline AR: 25 Feb 16??? Found the 14 days are from date I received refusal letter and also the letter says that.
4. Im going to apply for AR 25 Feb 16 (explaining was a mistake with the hours on CoS).
5. From 25 Feb 16 will be granted with leave until AR decision is made, and overstaying period (28 days) will start from AR date decision, right? source: applications from overstayers.
6. In the mean time, I can wait for CoS allocation, and as soon receive CoS I will apply fresh application and withdrawn AR as I already know AR will be unsuccessful.

Thanks!

[msi10]

HI iworker, any comment on this please?

[ragavanboova]

Hi msi

the same scenario for me as you said and I submitted for AR 25 Feb 16 (explaining was a mistake with the allowance on CoS).
5. From 25 Feb 16 will be granted with leave until AR decision is made, and overstaying period (28 days) will start from AR date decision, right? source: applications from overstayers.
6. In the mean time, I can wait for CoS allocation, and as soon receive CoS I will apply fresh application and withdrawn AR as I already know AR will be unsuccessful.

If I failed to apply new application with 28 calendar days, whether HO will provide time to apply for new application

Anyone please help regarding above scenario

[hari21]

Hi msi

the same scenario for me as you said and I submitted for AR 25 Feb 16 (explaining was a mistake with the allowance on CoS).
5. From 25 Feb 16 will be granted with leave until AR decision is made, and overstaying period (28 days) will start from AR date decision, right? source: applications from overstayers.
6. In the mean time, I can wait for CoS allocation, and as soon receive CoS I will apply fresh application and withdrawn AR as I already know AR will be unsuccessful.

If I failed to apply new application with 28 calendar days, whether HO will provide time to apply for new application

Anyone please help regarding above scenario

Hi, Im in same scenario as your, I got my Tier2 visa rejected last friday due to wrong salary. Im left with only 2 days to apply for AR, Though the mistake is from my employer side, I thinking of applying for AR and take time to get a new Cos code allocated for me and withdraw my application. and do a fresh application. I have few questions on that, Can you please help me

1. What can I mention in AR
2. Can I be able to with draw AR before the results and apply a fresh application with new CoS code ,with same employer ?
3. If Im making new application DO I need to pay Healthcare surcharges again along with Visa Fee ?
4. If my AR results is quick than 30days time, Where my employers need to take RLMT again and its need 30days waiting time. Will I get 14days again to reapply ?

Please can someone help me ?

[hari21]

Hi, Can anyone help me please