Restricted CoS and the salary requirement

[kirik8]

Hello,

I'm reapplying for Tier 2 General out of the country, and the sponsor has provided me with "Tier 2 (General - New hires - restricted)" CoS after undergoing a Labour Market Test.

In CoS it states the salary being slightly over 27'000 a year which got me concerned. For my speciality (programmer) the salary in the guidance for sponsors is 29'800 a year. As I expressed my concerns to my sponsor this was the reply:

The Home Office has stated the maximum salary requirements for the role of Programmer is £29,800.

They have accepted that we could offer a restricted CoS to an applicant that fit the attached job spec earning a salary of £27,000.

I've already been burned by invalid CoS's in the past so I want to make sure this quote has validity according to the current rules.

As a sidenote, CoS says

Tick to confirm the sponsor certifies maintenance for the migrant: Y

Does that mean that I don't need to provide evidence of 900 pounds held to my name for 90 days?

[safajnaseef]

Hello,

I'm reapplying for Tier 2 General out of the country, and the sponsor has provided me with "Tier 2 (General - New hires - restricted)" CoS after undergoing a Labour Market Test.

In CoS it states the salary being slightly over 27'000 a year which got me concerned. For my speciality (programmer) the salary in the guidance for sponsors is 29'800 a year. As I expressed my concerns to my sponsor this was the reply:

The Home Office has stated the maximum salary requirements for the role of Programmer is £29,800.

They have accepted that we could offer a restricted CoS to an applicant that fit the attached job spec earning a salary of £27,000.

I've already been burned by invalid CoS's in the past so I want to make sure this quote has validity according to the current rules.

As a sidenote, CoS says

Tick to confirm the sponsor certifies maintenance for the migrant: Y

Does that mean that I don't need to provide evidence of 900 pounds held to my name for 90 days?

The answer to the salary question:
That is incorrect. If you work 39 hours a week then your salary must be at least £29800. Your application is going to be rejected if you apply. £27000 is valid if you work 35 hours a week.

The answer to the maintenance question:
Yes, you do not need to provide evidence as long as the sponsor certifies maintenance for you.

[kirik8]

safajnaseef,
Thanks for a quick reply. What about the claim that 29'800 is a maximum salary requirement?

Does restricted CoS work any differently? My sponsor said there was a panel with Home Office regarding the Resident Labour Market test, does it possibly deal with specific salary for each CoS individually?

[safajnaseef]

safajnaseef,
Thanks for a quick reply. What about the claim that 29'800 is a maximum salary requirement?

Does restricted CoS work any differently? My sponsor said there was a panel with Home Office regarding the Resident Labour Market test, does it possibly deal with specific salary for each CoS individually?

If you are applying as a programmer (i.e. cop 2136) from outside the UK then your salary must be at least £29800 (on a condition that you work 39 hours a week) regardless of whether you are using restricted or unrestricted COS.

In the codes of practice you are treated as a new entrant employee and hence your salary should be at least £24000 if you satisfy one of the following conditions:

1- Graduates switching from Tier 4 into Tier 2 under the post-study provisions. This includes Tier 1 (PSW), Bachelor or Master graduate, or PhD student finishes at least 12 months towards his/her study.

2- Graduate recruits where you have used a university “milkround” to satisfy the Resident Labour Market Test.

3- Graduates sponsored in the Intra-Company Transfer Graduate Trainee route.

4- Any workers making an initial application who are aged 25 or under on the date they apply.

Otherwise, you are treated as experienced worker, which should earn at least £29800.

[bali_ari]

My analysis is it should not be a problem as I have noticed that for experienced worker is 29,800/-

If you have got a COs then it means the UKBA has accepted the salary.Obviously they are going to provide the visa for you.

I will say 27,000 must be accepted as good one for position..

If A rated sponsor specifies that they will maintain accomodate the worker for the first month then there is no need to attach or give the proof for 900 gbp.....you can give it if you want but they will consider that is given in Cos.

Please do take a note whether u need to fill appendix 5 with your main application,.,


Best wishes.....

Hello,

I'm reapplying for Tier 2 General out of the country, and the sponsor has provided me with "Tier 2 (General - New hires - restricted)" CoS after undergoing a Labour Market Test.

In CoS it states the salary being slightly over 27'000 a year which got me concerned. For my speciality (programmer) the salary in the guidance for sponsors is 29'800 a year. As I expressed my concerns to my sponsor this was the reply:

The Home Office has stated the maximum salary requirements for the role of Programmer is £29,800.

They have accepted that we could offer a restricted CoS to an applicant that fit the attached job spec earning a salary of £27,000.

I've already been burned by invalid CoS's in the past so I want to make sure this quote has validity according to the current rules.

As a sidenote, CoS says

Tick to confirm the sponsor certifies maintenance for the migrant: Y

Does that mean that I don't need to provide evidence of 900 pounds held to my name for 90 days?

[kirik8]

My analysis is it should not be a problem as I have noticed that for experienced worker is 29,800/-

If you have got a COs then it means the UKBA has accepted the salary.Obviously they are going to provide the visa for you.

I will say 27,000 must be accepted as good one for position..

If A rated sponsor specifies that they will maintain accomodate the worker for the first month then there is no need to attach or give the proof for 900 gbp.....you can give it if you want but they will consider that is given in Cos.

Please do take a note whether u need to fill appendix 5 with your main application,.,


Best wishes.....

Hello bali_ari,

Thank you for your reply. The reason I'm so jumpy about the subject is that last time I applied (before the new rules from April 2013 when I was transferring from PSW) my application was rejected due to the insufficient salary. Now I no longer qualify as a new worker. It was also a different CoS (unrestricted one afaik), so it might have worked differently.

Do they have some sort of special procedure for agreeing on a specific salary that can be lower than the one from the sponsor guidance when assigning restricted CoS?

Should I answer "Yes" to a question of whether or not I have sufficient salary promised by the sponsor for your position when applying?

[safajnaseef]

My analysis is it should not be a problem as I have noticed that for experienced worker is 29,800/-

If you have got a COs then it means the UKBA has accepted the salary.Obviously they are going to provide the visa for you.

I will say 27,000 must be accepted as good one for position..

If A rated sponsor specifies that they will maintain accomodate the worker for the first month then there is no need to attach or give the proof for 900 gbp.....you can give it if you want but they will consider that is given in Cos.

Please do take a note whether u need to fill appendix 5 with your main application,.,


Best wishes.....

Hello bali_ari,

Thank you for your reply. The reason I'm so jumpy about the subject is that last time I applied (before the new rules from April 2013 when I was transferring from PSW) my application was rejected due to the insufficient salary. Now I no longer qualify as a new worker. It was also a different CoS (unrestricted one afaik), so it might have worked differently.

Do they have some sort of special procedure for agreeing on a specific salary that can be lower than the one from the sponsor guidance when assigning restricted CoS?

Should I answer "Yes" to a question of whether or not I have sufficient salary promised by the sponsor for your position when applying?

One question: Are you switching from PSW to Tier2 or you are extending your Tier 2.

If switching from PSW to Tier2 then the required salary is £24000
Otherwise it is £29800. The salary is calculated for those who work 39 hours a week.

COS allocations are given to the employer regardless of the salary of the sponsored employees. Upon filling the allocation with the information about the employee to be sponsored, the employer is responsible for filling the right information, i.e. name, age, cop code, salary, etc. The sponsor management system will issue the COS number once the employer assigns it for the candidate employee, even when putting £1000 as annual salary. Once the candidate employee applies for the visa, the UKBA will reject the application as the salary is not correct.

There are many stories in this forum about these kinds of mistakes such as: http://www.immigrationboards.com/viewtopic.php?t=133893

[kirik8]

One question: Are you switching from PSW to Tier2 or you are extending your Tier 2.

If switching from PSW to Tier2 then the required salary is £24000
Otherwise it is £29800. The salary is calculated for those who work 39 hours a week.

No, as I said, I do not satisfy any of the criteria for the new inexperienced worker and thus has to use the number for experienced workers which is 29800.

Sometime tomorrow I will be having a talk with my sponsor who insists everything is fine, which aligns with what bali_ari says. So I was wondering if there is some clause/procedure introduced with the new rules that allows them to be more flexible that he is aware of.

[kirik8]

As a reference to others: I have supplied a covering letter from my sponsor explaining the situation and my visa has been granted using this CoS.

[sujeethmalava99]

Hi kirik8,

I am in the same situation , could you please let me know what type of Covering letter you have attached with your application.

Please help me on this....It will be very grateful.

Thanks,
Sujeet