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SW extension Visa - HO claims it is Wrong salary in CoS

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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hexa
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Posts: 9
Joined: Tue Dec 10, 2024 1:04 pm
United Kingdom

SW extension Visa - HO claims it is Wrong salary in CoS

Post by hexa » Wed Dec 11, 2024 3:45 pm

Hello,
For one of our skilled workers we issued a new COS for his extension visa. He has been with us for the last 2 years. He is a software engineer (SOC: 2134). When first applying to his visa his title was in the ISL and he was a new entrant. We have been paying £21840 pa. Now, we decided on his new salary based on our understanding of the transitional arrangements. As he is on the same code and same employer we can pay him with a reduced rate which is 36300. As his job title was on the ISL previously, we applied 20% reduction on this and calculated £29047 as annual salary.

As a response we received this email:

"We have received an application from the above person to work for your company as a Software Engineer.

We have started consideration of this application, however before we can proceed any further, we require further information.

Can you please confirm the salary of the role which is being offered to the above named applicant as the salary stated in the Certificate of Sponsorship does not meet the minimum eligibility requirement.

More information for SOC Codes can be found via the following link:

https://www.gov.uk/guidance/immigration ... ccupations

More information relating to the Tradeable Points (in section Eligibility requirements for a Skilled Worker) can be found via the following link:

https://www.gov.uk/guidance/immigration ... led-worker

Please add a note to the certificate of sponsorship to confirm your request so we can process the application accordingly.

You can add a note to the Certificate of Sponsorship (CoS) using the following steps:


1. Go to Workers
2. Sponsorship Duties
3. Managing live certificates
4. Search by using the certificate number or name
5. Sponsor notes
6. Add in free text comments

In addition, you can get screenshots on how to add comments by going to the top right hand corner and choosing a tier.

Alternatively, please send this information to worksponsoreddocumentrequests@homeoffice.gov.uk quoting the application reference.

Please provide this information within 10 working days from the date of this email. If we do not receive anything within 10 days, we will make a decision on the information we already have.

Thank you.

Kind Regards,
"

If they are asking us to mention the correct salary amount in the COS NOTE section, how we cqn decide on the salary? From what we understood our figures are correct. But not very sure.

Any help would be greatly appreciated.

hexa
Newly Registered
Posts: 9
Joined: Tue Dec 10, 2024 1:04 pm
United Kingdom

Re: SW extension Visa - HO claims it is Wrong salary in CoS

Post by hexa » Thu Dec 12, 2024 2:20 pm

We have limited time to reply.
If anyone share their experience or knowledge, it is greatly appreciated.
Thank you

razergd1
Member
Posts: 227
Joined: Tue Oct 18, 2022 10:51 pm
Israel

Re: SW extension Visa - HO claims it is Wrong salary in CoS

Post by razergd1 » Thu Dec 12, 2024 3:44 pm

You’re under 26, studying or a recent graduate, or in professional training
You can be paid 70% of your job’s standard going rate if your salary will be at least £30,960 per year and one of the following applies:

you’re under 26 on the date you apply
you’re currently in the UK on a Student visa studying at bachelor’s degree level or above - or you have been in the last 2 years, and a Student or visit visa was your most recent visa
you’re currently in the UK on a Graduate visa, or you have been in the last 2 years
you’ll be working towards a recognised qualification in a UK regulated profession
you’ll be working towards full registration or chartered status in the job you’re being sponsored for

A quote from
https://www.gov.uk/skilled-worker-visa/ ... -paid-less

If he meets the conditions then the global minimum is 30960.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

hexa
Newly Registered
Posts: 9
Joined: Tue Dec 10, 2024 1:04 pm
United Kingdom

Re: SW extension Visa - HO claims it is Wrong salary in CoS

Post by hexa » Thu Dec 12, 2024 5:17 pm

Thanks for the reply.

This employee is now 27. So he is not a new entrant anymore.

hexa
Newly Registered
Posts: 9
Joined: Tue Dec 10, 2024 1:04 pm
United Kingdom

Re: SW extension Visa - HO claims it is Wrong salary in CoS

Post by hexa » Sun Dec 15, 2024 1:24 pm

A rather simpler question.

If the job was in the immigration salary list when the SW first applied in 2022 for the job code 2134(software engineer), will this be helpful to make further discount to the salary which is 36300( reduced version of current going rate) .
If yes, he can get £29040
If no, he will get £36300.

We really need a quick response.

Thank you

razergd1
Member
Posts: 227
Joined: Tue Oct 18, 2022 10:51 pm
Israel

Re: SW extension Visa - HO claims it is Wrong salary in CoS

Post by razergd1 » Sun Dec 15, 2024 6:34 pm

hexa wrote:
Sun Dec 15, 2024 1:24 pm
A rather simpler question.

If the job was in the immigration salary list when the SW first applied in 2022 for the job code 2134(software engineer), will this be helpful to make further discount to the salary which is 36300( reduced version of current going rate) .
If yes, he can get £29040
If no, he will get £36300.

We really need a quick response.

Thank you
The case working team already advised you they won't accept 29047... What makes you think they will accept less?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

hexa
Newly Registered
Posts: 9
Joined: Tue Dec 10, 2024 1:04 pm
United Kingdom

Re: SW extension Visa - HO claims it is Wrong salary in CoS

Post by hexa » Sun Dec 15, 2024 11:57 pm

Hi,
Thanks for the reply.
You are right.
But I want to be fully sure on the correct salary calculation method not only for now but also for my future CAS allocations. I found the guidance very tricky. Only the ones who had experience would know what they really mean.

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