RCoS refusal

[Folasayo]

Hi, I got a job in the UK from Nigeria. We have gone through the sponsor license but was refused CoS because of salary rate and labour market test. The salary per annum is £25000 and £1000 bonus according to the SOC 3541. My questions are;
1. What is the appropriate hours per week for it not to be less than £25000 when calculated? 37.5 or 39 or 40 hours?
2. How is it calculated?

[Folasayo]

Hello everyone, CoS was refused because of wrong SOC/salary rate. My employer is reapplying by taking the labour test again. The correct salary is £25000 with the correct SOC. What number of hours is appropriate 37.5 or 39hours? Please help

[kon0617]

Hello "Folasayo"

Correct me if i am wrong .

As per the Tier 2 Policy guidance the appropriate salary should be

Appropriate salary
You’ll usually need to be paid at least £30,000 per year or the ‘appropriate rate’ for the job you’re offered - whichever is higher. Check the appropriate rate for the job you’ve been offered.

This will change only when you apply under "NEW ENTRANT" and you can check the appropriate salary in the guidance. I think UKBA treats New Graduates as New Entrant i guess. But anyway please check.

As you have applied for "Restricted COS" i assume you will come under experienced category. Please confirm accordingly before re applying ..

[Folasayo]

Hello "Folasayo"

Correct me if i am wrong .

As per the Tier 2 Policy guidance the appropriate salary should be

Appropriate salary
You’ll usually need to be paid at least £30,000 per year or the ‘appropriate rate’ for the job you’re offered - whichever is higher. Check the appropriate rate for the job you’ve been offered.

This will change only when you apply under "NEW ENTRANT" and you can check the appropriate salary in the guidance. I think UKBA treats New Graduates as New Entrant i guess. But anyway please check.

As you have applied for "Restricted COS" i assume you will come under experienced category. Please confirm accordingly before re applying ..

Thanks for your reply. I'm applying as an experienced graduate and the appropriate rate is £25000 and my employer is also offering £25000 @37.5 hours per week. Just wanna ask if we're on track

[CR001]

You won't get a visa on £25,000. The requirement changed in April 2017 and you now need the higher out of the SOC or £30,000. Hours are also usually calculated on 39 hours per week.

Appropriate salary
You’ll usually need to be paid at least £30,000 per year or the ‘appropriate rate’ for the job you’re offered - whichever is higher.

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

[Folasayo]

You won't get a visa on £25,000. The requirement changed in April 2017 and you now need the higher out of the SOC or £30,000. Hours are also usually calculated on 39 hours per week.

Appropriate salary
You’ll usually need to be paid at least £30,000 per year or the ‘appropriate rate’ for the job you’re offered - whichever is higher.

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

Thank you for your prompt response. If I'm able to get £30000/pa @ 39hours/week... I should be on track right?

[CR001]

Correct yes.

[Folasayo]

Correct yes.

Can the hours per week be 37.5 or it must be 39hours?
Also, The 28days job advert... Is it 28 working days or 28 calendar days?

[Djsuccess]

Correct yes.

Can the hours per week be 37.5 or it must be 39hours?
Also, The 28days job advert... Is it 28 working days or 28 calendar days?

37.5hour is fine. I believe it is 28 days (calendar days).

[kon0617]

I do not think it is simple .. The policy guidance for employer clearly states "you can not simply increase salary for a job just for the sake of employing an overseas person".

[Folasayo]

I do not think it is simple .. The policy guidance for employer clearly states "you can not simply increase salary for a job just for the sake of employing an overseas person".

Thank you for this. Can you please send the link for this?

[Folasayo]

Correct yes.

What's your opinion on increasing salary for a job just for the sake of employing an overseas person".

[CR001]

RLMT cannot be tailored to suit only you and exclude all others.

It they are increasing the salary, the employer will likely have to do RLMT again stating the new salary.

[CR001]

What did the original job advert say regarding the salary?

[Folasayo]

RLMT cannot be tailored to suit only you and exclude all others.

It they are increasing the salary, the employer will likely have to do RLMT again stating the new salary.

My employer is doing the RLMT again with the new salary of £30000. The original job advert stated negotiable.
I hope this ends well