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Help! Tier 2 Visa Rejected Due To Wrong Cos

refusal tier 2 sponsorship

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#1 princessdulcet

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Posted 01 November 2012 - 10:33 PM

I got CoS from my current employer in May and I applied my tier 2 visa on 25th May, at least 20 days before my PSW was expiring (i.e. 15 June). And I started work for this employer from 6th June

I received and gave biometric in June.

However after waiting for 4 months, I have received refusal from UKBA, stating that ‘the salary included in CoS is not at or above the appropriate rate for the job ‘
According to the code entered in sponsorship by my employer, my salary should be GBP 15.88per hr but mine was actually GBP14.42 per hr . Due to this minor administrative error my visa is refused.
I got 10 days to appeal, which I have already done.
Now going forward I have consulted a solicitor and he said that it is likely that I will lose the appeal. But if my employer issues me a new CoS then I can withdraw my appeal and submit a new application with new CoS.

However now my employer is not giving me a new CoS.

I am stuck in between.

Please suggest the best way to get out of this trouble and get a visa.



#2 sah10406

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Posted 01 November 2012 - 11:37 PM

Why is your employer not willing to issue a new CoS?

#3 physicskate

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Posted 01 November 2012 - 11:50 PM

Please also note, I have heard from word of mouth that the UKBA have been reluctant to issue CoS allocations. I have heard of people waiting 2-4 months for their company to be issued with a cos. Unless your company have been issued a CoS that you could use and they are willing to assign it to you, you may be in for a loooooonnnnggg wait. But of course, this is just hearsay.

#4 princessdulcet

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Posted 01 November 2012 - 11:59 PM

Hi,

Thanks for the reply.

My employers argument is that if they change the details which they have given in the initial CoS and issue a new CoS with correct/changed details then UKBA might question them. Also they dont want to get involved in protracted dealings with apeals to the home office.

Moreover can you tell me, what are the chances of winning an appeal in cases like mine, as the error made was by my company. i didnt knew what details they have entered in CoS.

Thanks!

#5 Gentleman of Leisure

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Posted 02 November 2012 - 07:38 AM

My employers argument is that if they change the details which they have given in the initial CoS and issue a new CoS with correct/changed details then UKBA might question them. Also they dont want to get involved in protracted dealings with apeals to the home office.


Perhaps they are into something fishy and don't want to come under scrutiny, or, if they know your leave can't be approved without a new COS, are not particularly interested in holding on to you and prefer to achieve this by natural wastage rather formally dismissing you.

#6 sah10406

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Posted 02 November 2012 - 09:59 AM

Please also note, I have heard from word of mouth that the UKBA have been reluctant to issue CoS allocations. I have heard of people waiting 2-4 months for their company to be issued with a cos. Unless your company have been issued a CoS that you could use and they are willing to assign it to you, you may be in for a loooooonnnnggg wait. But of course, this is just hearsay.


It is not only hearsay, it is totally irrelevant to the query. A CoS issued for someone to switch from PSW to Tier 2 is unrestricted, not part of the monthly allocation, and can be issued without UKBA permission.

#7 SkillClear

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Posted 02 November 2012 - 10:09 AM

Please also note, I have heard from word of mouth that the UKBA have been reluctant to issue CoS allocations. I have heard of people waiting 2-4 months for their company to be issued with a cos. Unless your company have been issued a CoS that you could use and they are willing to assign it to you, you may be in for a loooooonnnnggg wait. But of course, this is just hearsay.

Allocations have been taking longer than that BUT those are yearly Unrestricted allocations and that has nothing to do with this topic.

#8 SkillClear

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Posted 02 November 2012 - 10:13 AM

Princess Dulcet:
It might be that they do not want to pay that amount. I would not describe this as a minor administrative error - it is a significant error. I would not expect an appeal to be successful. You also should not have started work for the new employer before your visa was approved.

The only way to get around this (or that an appeal might be successful) might be if the contracted hours were below the 37.5 assumed by the Home Office and your actual contracted hours resulted in the correct hourly rate. You and/or the employer should get professional assistance - let me know if help is required. This could of course have been avoided by getting professional assistance in the first place. The employer might now expect an audit to check that COSs are being issued correctly, etc.

#9 princessdulcet

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Posted 02 November 2012 - 07:12 PM

The only way to get around this (or that an appeal might be successful) might be if the contracted hours were below the 37.5 assumed by the Home Office and your actual contracted hours resulted in the correct hourly rate. You and/or the employer should get professional assistance - let me know if help is required. This could of course have been avoided by getting professional assistance in the first place. The employer might now expect an audit to check that COSs are being issued correctly, etc.


in CoS my employer has mentioned 40 hrs...

well as my employer is not ready to give me new CoS so it is clear my employer is not going to help me any further.

What options do i have in my current situation, where my employer has backed out and i am on appeal?

#10 Gentleman of Leisure

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Posted 02 November 2012 - 08:22 PM

Three obvious choices if the appeal is not viable: Find a new sponsor; switch category; leave the UK.





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