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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11613
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Good day, I am a graduate engineer, I graduated in 2009 and

Customer Question

Good day,
I am a graduate engineer, I graduated in 2009 and started working on Tier 1 Post-Study Work visa. Now (some 18 month later) I tried switching to Tier 2 (General). However my application has been rejected. With the following reasoning:
“Your Certificate of Sponsorship states that you will earn an annual salary of £26989 based on a 37 hour working week. However, the Codes of Practice state that an occupation under SOC code 2122 is required to earn a minimum of £14.52 per hour, which equates to £27936.48 based on a 37 hour week. Therefore it has been decided that you have not met the requirements to be awarded points for Sponsorship under Appendix A of the Immigration Rules.”
However I have checked the SOC code 2122 (Mechanical Engineer) and it states that the minimum rate for a “New Graduate” is £23000.
I understand that I am a new graduate (as this is my first job since graduation, I am on a Graduate scheme, and my job title is “Graduate Trainee”).
Am I correct and was the rejection a mistake?
The letter that I received from UKBA states that I have no right of appeal because my current visa has not expired yet. However is there a legal way to challenge the decision? And what would that take?

Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.



Thanks for your question.


I have also checked the SOC codes and you are correct in stating that the minimum rate for a new graduate is £23K.


As you have no right of appeal, I would suggest you write to the department that made the decision and ask them to re-consider in light of the new information./ You should enclose any information you intend to rely upon along with your request for reconsideration.


Failing that, your only alternative may be an application for Judicial Review which could be both lengthy and costly.


I hope this answers your question. If so, kindly click accept.


If you wish to discuss, please feel free to ask further questions.


Kind regards,

Expert:  INC replied 5 years ago.



If I have answered your question, kindly click accept.


Kind regards,

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