40 Hrs Mentioned in CoS

shanawaz77 · Post by **shanawaz77** » Tue Jul 10, 2012 11:46 am

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 · Post by **samle** » Thu Jul 19, 2012 12:44 am

shanawaz77 wrote: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

Hi shanawaz77,

Have you received your visa yet ? If you have then please just ignore my reply !

I just want to share my experience. I have a similar situation and my tier 2 visa application got refused just two weeks ago due to 40 hr mentioned in my CoS. My CoS was submitted for programmer, SOC code 2132, minimum salary of £26,000 per annum and 40 hrs working week. The refusal letter stated that because my CoS stated that I'm working for 40 hrs per week, my annual salary should be a minimum of £27,726. For that reason I was awarded no point for appropriate salary attribute and my application was refused. I just posted my appeal form last week and am waiting for their decision. Finger crossed !
I understand that according to UKBA minimum salary for System Developement manager is £41,600 based on 37.5 hr working week. So if your CoS is for 40 hrs per week then I think your salary, £42,000 might not meet the minimum salary required by UKBA. Please correct me if I am wrong.

Please accept that I have no intention of causing you panic or making you worry about your visa application. I just thought that it might help you in case you can plan for other options.

I just wish that UKBA consider your application differently and grant you leave to remain.

Good Luck !

I'm just browsing the discussions looking for information about how long it will take to get to know about tier 2 appeal decision from first-tier tribunal. Please also advise me if you have any information regarding this.

Thanks in advance !

shanawaz77 · Post by **shanawaz77** » Thu Jul 19, 2012 8:24 am

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

shanawaz77 · Post by **shanawaz77** » Thu Jul 19, 2012 8:28 am

I have applied for tier 2 ict to general.

Hi sushdmehta , can u pls clarify on this

Post by **manci** » Thu Jul 19, 2012 9:17 am

This is from Tier 2, Occupation Codes, Section J, Information and Communication
http://www.ukba.homeoffice.gov.uk/sitec ... iew=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 · Post by **shanawaz77** » Thu Jul 19, 2012 9:33 am

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 · Post by **shanawaz77** » Thu Jul 19, 2012 9:55 am

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 · Post by **samle** » Thu Jul 19, 2012 11:37 am

shanawaz77 wrote:Yours was a switching application to tier 2 or change of employment

Mine is in-country Tier 2 General to Tier 2 General (Change of employment) with residence labour market test.

samle · Post by **samle** » Thu Jul 19, 2012 11:40 am

shanawaz77 wrote: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

I gave my bio metric info in the first week of May and received refusal letter end of June.

Post by **manci** » Thu Jul 19, 2012 11:49 am

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 · Post by **shanawaz77** » Thu Jul 19, 2012 12:16 pm

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 · Post by **shanawaz77** » Thu Jul 19, 2012 12:44 pm

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

Post by **manci** » Thu Jul 19, 2012 3:45 pm

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 · Post by **shanawaz77** » Thu Jul 19, 2012 3:56 pm

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 · Post by **shanawaz77** » Thu Jul 19, 2012 4:00 pm

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 .

Post by **manci** » Thu Jul 19, 2012 4:28 pm

shanawaz77 wrote:Shall I write to UKBA providing my application reference number ? Shall I post it to the same address where I posted my application.

In your letter you should include all information you have that would enable UKBA to identify your application (you could also enclose a copy of your application). I'm not sure where the caseworkers are located (you could search this forum, may be there is some information on this) and in the absence of this information I would send it to the same address as the application was sent to.

shanawaz77 · Post by **shanawaz77** » Thu Jul 19, 2012 4:42 pm

i dont have any copy of my application

mansoorash · Post by **mansoorash** » Fri Jul 20, 2012 5:15 pm

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

Hi Manci, I cannot thank you enough for mentioning this fact as we were just about to assign a COS with the assumption that for all salaries where no details about hours are given, were based on 40 hours per week.

This may sound stupid but please could somebody let me know whether this 37.5 hours per week include the lunch breaks or not? For instance, I work from 9:00 till 17:30 and take an hour for lunch, would this be a 7.5 hours shift (37.5 hours per week) or 8.5 hours (42.5 hours per week)?

Thank you!

Post by **manci** » Fri Jul 20, 2012 11:20 pm

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 · Post by **kiles** » Tue Jul 31, 2012 1:19 am

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

Post by **manci** » Tue Jul 31, 2012 7:12 am

kiles wrote: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??

This is what is in the CoP:
Appropriate salary rates are based on a 37½ hour working week, unless
otherwise stated. Salaries should be pro-rated for other working
patterns.
For SOC code 2121 the salary stated in the CoP is for a 40 hour week. According to the above quote is should be pro-rated to 37.5 hours so you should be OK.

kiles · Post by **kiles** » Tue Jul 31, 2012 6:46 pm

Thank you Manci,

I feel much better now

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