To begin- a brief background of my queries:
I applied applied for a Tier 2 General migrant (restricted) Work Permit Visa on the 21st of March from India to work with a UK employer in the category of Higher Education teaching Professional (2311). The employer was issued a CoS on March 17th, 2014. I have been offered a salary of £30,728- The hours of work being 37 hours.
Entry Clearance was refused due to lack of insufficient proof of maintenance funds (An additional letter form the manager of the Bank on headed paper was required). My employer has agreed to re-issue a CoS.
My first question pertains to this- Would the new CoS being issued/CoS being re-issued be subject to the changes in the revised Codes of Practice for Skilled Workers (for after April 6th)?
The new changes that I have noticed in the revised Codes of Practice for Skilled Workers (for after April 6th) and associated questions are listed below:
- 1. Regarding salary (Page 33):
- Salary for experienced worker is £31,200 (in the category of Higher Education teaching Professional (2311))
- 2. Regarding hours of work, (Page 4-5):
- The rates are based on a 39-hour working week for all occupations where the salary source used is the Annual Survey of Hours and Earnings.
- In all other cases, a 40-hour week-
- If the job has contracted weekly hours or is paid an hourly rate, the rates must be pro-rated accordingly, but otherwise they do not need to be pro-rated.
- 3. Regarding Resident Labour Market test (Page 5):
- Any Tier 2 applicants can be sponsored for jobs in these occupations. Jobs in these occupations are given additional points when allocating places in the Tier 2 limit. Sponsors have 12 months (rather than the usual 6 months) in which to carry out a Resident Labour Market Test.
I am concerned that this might be deemed invalid, when I reapply for a visa, because of the points listed above.
I would be grateful if someone could advise and possibly clarify the points listed above.