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shanawaz77 · Member Joined: 10 May 2012 Posts: 58

I had my bio metric last week and not I'm bit worried about the No of Hours mentioned in the CoS . In my CoS it is mentioned as 40 Hrs but when I referred to UKBA , it says it has to be 37.5 . I have filed my application under SOC code 1136 , System Developement manager with a package of 42000.

Will it be a issue . Please advise

samle · Newbie Joined: 18 Jul 2012 Posts: 7

shanawaz77 · Member Joined: 10 May 2012 Posts: 58

Yours was a switching application to tier 2 or change of employment

shanawaz77 · Member Joined: 10 May 2012 Posts: 58

I have applied for tier 2 ict to general.

Hi sushdmehta , can u pls clarify on this

manci · Guru Joined: 15 Feb 2012 Posts: 1461

This is from Tier 2, Occupation Codes, Section J, Information and Communication
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/june2012-cop/section-j.pdf?view=Binary

Appropriate salary rates are based on a 37½ hour working week, unless
otherwise stated. Salaries should be pro-rated for other working patterns.

Unfortunately for a 40 hour week the min. for a system development manager under SOC code 1136 would be 40/37.5*41600=44373.

What job title and salary did the CoS state? Your application must match exactly what is in the CoS.

A £42000 package would be sufficient for a "technical support manager" though, still under SOC code 1136

shanawaz77 · Member Joined: 10 May 2012 Posts: 58

Salary 42000 and post is systems development manager in the cos and same in application also. What i heard if any refusal in this grounds they will send it before bio metric buy i had already done that

shanawaz77 · Member Joined: 10 May 2012 Posts: 58

Appropriate salary rates are based on a 37½ hour working week, unless
otherwise stated.

what is meant by "unless otherwise stated"

"A £42000 package would be sufficient for a "technical support manager" though, still under SOC code 1136 "

For 1136 it is mentioned in the code of practice that

The job must be paid the minimum salary below, which is derived either from
the Annual Survey of Hours and Earnings (ASHE) or, where alternative salary
data is available, from an alternative code of practice.

Annual Survey of Hours and Earnings: No
Other code of practice: Yes

Sponsors must select the most appropriate job description from the table
below. The job title need not be an exact match:

I beleive from the above statement it should be fine .. please advise

samle · Newbie Joined: 18 Jul 2012 Posts: 7

samle · Newbie Joined: 18 Jul 2012 Posts: 7

manci · Guru Joined: 15 Feb 2012 Posts: 1461

Are you suggesting that there is a mismatch between the job title and the job description in the CoS?

Is there a possibility that your current leave may expire before you are notified of UKBA's decision one way or the other?

shanawaz77 · Member Joined: 10 May 2012 Posts: 58

Hi Manci

My job description and sal are same not mismatch in that.

I have the current leave expiring on Dec 2013. But I'm waiting for the approval to join the new job and I'm not with the current employer

shanawaz77 · Member Joined: 10 May 2012 Posts: 58

I Just spoke to my sponsor and they found out that my CoS is not yet used and immediately they have put a sponsor not that they are increasing my salary from 42000 to 45000 .

Will this help

manci · Guru Joined: 15 Feb 2012 Posts: 1461

The fact that the CoS hasn't been "used" yet also shows that they still have not processed your application (which answers your previous question about biometrics).

According to the book sponsor notes are only for minor amendments such as misspellings, etc. Anything that would materially alter the consideration of the CoS cannot be put in a sponsor note - in those cases a new CoS has to be assigned. So strictly speaking they shoud have withdrawn the CoS and issued a new one. The same applies to your application.

However, UKBA may use discretion and accept the sponsor note. Since your application must mirror what is in the CoS I suggest that you write asap to UKBA about the salary change.

shanawaz77 · Member Joined: 10 May 2012 Posts: 58

Hi manci,

Shall I write to UKBA providing my application reference number ? Shall I post it to the same address where I posted my application.

Regards

shanawaz77 · Member Joined: 10 May 2012 Posts: 58

Also in my case the salary what is in the CoS is more that what is mentioned in the rules.

for SOC code 1136 the salary is 41600 and in my CoS it is mentioned as 42000 and sponsor note is mentioning an increase .

manci · Guru Joined: 15 Feb 2012 Posts: 1461

shanawaz77 · Member Joined: 10 May 2012 Posts: 58

i dont have any copy of my application

mansoorash · Posted: Fri Jul 20, 2012 4:15 pm Post subject:

manci · Guru Joined: 15 Feb 2012 Posts: 1461

What has to be put in the CoS is the "total weekly hours of work"
9-5.30 would be 37.5 hours if you worked 5 days. You are not working during the 1 hour lunch break.
So where does the 40 hours come from,, do you work on Saturdays?

kiles · Newbie Joined: 25 Jul 2012 Posts: 9

Hi All,

I would appreciate you advice on this.

I am due to apply for ILR in September, however the new immigration rules said that my salary has to be as stated on the COP.. My SOC code is 2121 and the minimum salary stated on the COP is 23,000 based on 40hrs per week.. My current salary is 22500 but I am doing 37.5hrs a week..

My salary per hour is sufficient as i am only doing 37.5hrs a week..

Do you know if the HO will consider this??

Thanks