Can my employer apply for new defined cos ?

hello,
I have just submit my visa application to visa center but I am thinking I might have refusal because of my salary.My gross salary is 30.000 and 47.5 hours work per week. but soc require 32.700 per year and 39 hours . I am applying from shotage list where I can get 20 points. so if anybody tell me how I can calculate my hourly rate.i have 20 days holiday plus bank holidays.i have already cos number.

thanks very much

Think £31681.5 is minimum your salary can be considering the going rate and the (20% margin for shortage list ) . The manuals say caseworker should refer to the employer in cases like yours to check if they want to amend the CoS and increase the salary.

TaherLy wrote: ↑

Thu Jan 14, 2021 9:00 pm

Think £31681.5 is minimum your salary can be considering the going rate and the (20% margin for shortage list ) . The manuals say caseworker should refer to the employer in cases like yours to check if they want to amend the CoS and increase the salary.

Thanks for answering TharLy .
But I already have the cos number.So Do you think they check the salary for 20 points before give the cos number ?

Doubt they do
All detailed checking is carried out when the application is submitted and reviewed
You need to start the conversation with your employer as soon as possible

The COS is issued by your employer not the Home Office. If the figures quoted for your salary and hours do not meet the requirements for the role then your visa will be refused.

The minimum for the role must be met as an hourly calculation in the working hours are more than that quoted on the SOC.

So in your case the SOC states 32.700 per year and 39 hours, you have to meet that hourly rate less the 20% reduction. Which is £12.90 per hour.

Multiply that up by 47.5 hours per week equals £31,863 per annum. Your salary on your COS is therefore too low.

Frontier Mole wrote: ↑

Fri Jan 15, 2021 9:42 pm

The COS is issued by your employer not the Home Office. If the figures quoted for your salary and hours do not meet the requirements for the role then your visa will be refused.

The minimum for the role must be met as an hourly calculation in the working hours are more than that quoted on the SOC.

So in your case the SOC states 32.700 per year and 39 hours, you have to meet that hourly rate less the 20% reduction. Which is £12.90 per hour.

Multiply that up by 47.5 hours per week equals £31,863 per annum. Your salary on your COS is therefore too low.

Thanks very much for answer.
I have another question cos is Defined CoS .so is it also issued by employer?

All CoS are issued by the sponsoring employer.

CR001 wrote: ↑

Sat Jan 16, 2021 10:53 am

All CoS are issued by the sponsoring employer.

thanks very much. I thought after employer submitted the defined cos to HO and HO can approve application(defined cos ) or refuse.and I was thinking they check salary( hourly rate ) and all requiretments to approve the defined cos number.
thanks very much again.

To apply for a cos, the employer simply puts the details in on the SMS system and assigns and issues the cos to you.

The whole visa application is checked that it meets all the requirements. It is at this point ho approved or refuses.

If the cos and application doesn't meet the requirements, the application is refused.

At some point in the future the system will change so that initial checks will be made by the Home Office as the current COS system is to be revised. If the role / salary does not meet the SOC when this happens in the future the Sponsor will be told and the COS or whatever they call it will not be issued.
This is a long way off as yet maybe 2022, until this happens whatever the Sponsor put on the COS will only be tested at the visa application stage.

thanks for answer again.When I read guidance for defined cos it looks like they checking everything before approve it .the one it is published on 01.12.20. thanks again.

Hello,
I am wondering my current visa application is still going and decision did not come out yet so .in that case Can we apply to defined cos right now before I take my passport back ?
thanks very much

Under the previous PBS guidance pre Brexit -for restricted COS system there was a monthly penal that met to consider the issue of the RCOS. The panel would only approve requests that met all the requirements.

There is currently little difference between the defined / undefined COS process and there is no monthly panel. So if your Sponsor is depending on a quality check from the Home Office to ensure all the requirements are met I do not believe that happens.

If the hourly rate does not meet the requirements and the visa application is made then it should fall to be refused.

You can withdraw your visa application at any point and get another COS that meets the requirements. If the visa application has progress to decision and is refused, it is not a show stopper. Just a loss of application fee.

If you are going for a new COS - your Sponsor must withdraw the old one. You can’t have more than one COS in the system at a time.