Tier 2 Lower Salary

[blueshadow]

Hi there, I am a newbie there. Recently my employer helped me to submit the CoS application, as he though I can apply for new entrant, so he used the salary rate as new entrant, but after checking, I am not qualified as new entrant thus I need to get experience salary rate.

I have a few questions.
1. In this case, will the CoS application be rejected as I don't have enough salary?
2. If the CoS application is not approved, can I reapply with reducing the working hour? (as my employer won't be able to increase my salary.)
3. If the CoS application is approved and I know that the tier 2 visa won't be approved in this case, what can I do? Can I ask my employer to change my contract by reducing my working hour and use this to apply? Or I still need to get another CoS?

Really need your advices and thanks in advance!

[Frontier Mole]

Are you an in country applicant?

[blueshadow]

No, I need to go back to my own country, that stresses me
If I go back to apply and my application got reject, I don't know what can I do
My current visa has 2 months left

[CR001]

What is your current visa?

[blueshadow]

tier 5

[Frontier Mole]

A quick dose of pragmatism

You are applying using a restricted cos. They have to provide the job advert references just to get the restricted cos. The role has to be advertised at the correct salary and the number of hours worked. Based on what you have said that will be a fail straight off.

Next issue T5YMS returning on tier 2. That automatically sets off the alarm bells. Pre selection of the individual and therefore not meeting the RLMT.

Any nonsense salaries and nonsense hours... Not going to work.

If the employer won't / don't pay you the correct rate for the role at the experienced rate for the same numbers of hours as other staff in the business then they are artificially creating a role and that is classed as a non genuine vacancy.

[blueshadow]

Thanks for reply, so in case my employer is willing to raise my salary, will need to do the RLMT again as the salary will be different?

[Frontier Mole]

RLMT needs to be undertaken if the salary range on the orginal adverts did not cover the proposed salary now.

[blueshadow]

Thanks for the reply.

So in my case, will the CoS be rejected? I am thinking weather I should ask my employer to withdraw it and do the RLMT again. Or I can wait till the result of the CoS. (even I know that finally the tier 2 application won’t be success)

[Frontier Mole]

You know the final result if you carry on with the current COS so why waste time and effort carrying on with it?

[blueshadow]

Cause my employer still think it's Ok to apply as a new entrant....

[Wanderer]

Cause my employer still think it's Ok to apply as a new entrant....

I think FM top trumps any employer in the knowledge game re: T2.....

You're clutching at the proverbial straws.......

[blueshadow]

I know that's something impossible, just want to find if there's any way to fix it

thanks for everyone's advice
I hope I can sort this out

[blueshadow]

Hi all, may be it's a silly question, may I know what's the definition of work permit holder?

As per the eligibility, it mentions a work permit holder is one of the expection of the appropriate salary, so I wonder when a tier 2 holder switch job, he or she doesn't care about the appropriate salary? (but obviously I don't think it's the case, so I wonder what does it exactly mean, sorry if I ask a silly question.)

Appropriate salary
The job you’re offered must pay £20,800 or more, unless your current or last permission to stay in the UK is as:

a work permit holder

https://www.gov.uk/tier-2-general/eligibility

[vinny]

Work permits were specific categories under Part 5 of the Immigration rules, before the introduction of the Points Based System. Tier 2 replaced them.

[vinny]

M.