SOC code 2135 - Appropriate Salary

[liuking3d]

Hello House,

I would like to ask if 35000 pa for 37.5 hours a day is considered an invalid salary for SOC CODE 2135 RFQ 6

As an ECO did not award points for Salary and Attributes stating the following " As you have not obtained an invalid COS, I cannot confirm your salary against Appendix J of the Immigration Rules. Therefore I am satisfied you have not met the requirements for being paid an appropriate salary and therefore refuse your application under paragraph 245HB(b) of the Immigration Rules"

Kindly help as i think there has been mistake here and would like to go for Administrative review.

Thanks.

[iworker]

salary is enough.. however rejection below doesnt imply that he was not happy with salary.
It means there was something wrong with the cos. maybe they didnt insert the duties properly..

[CR001]

Is this related to your previous post, linked below, and a subsequent re-application??

uk-tier-2-employer-sponsored-visas/ukvi ... l#p1506733

[liuking3d]

Hello iworker,

I have amended the statement below. The duties were inserted properly, the refusal clearly implies that i have obtained an invalid COS because he or she cannot confirm that the salary and then refused under the dissatisfaction of not being paid the appropriate salary.

Hello House,

I would like to ask if 35000 pa for 37.5 hours a day is considered an invalid salary for SOC CODE 2135 RFQ 6

As an ECO did not award points for Salary and Attributes stating the following " As you have obtained an invalid COS, I cannot confirm your salary against Appendix J of the Immigration Rules. Therefore I am satisfied you have not met the requirements for being paid an appropriate salary and therefore refuse your application under paragraph 245HB(b) of the Immigration Rules"

Kindly help as i think there has been mistake here and would like to go for Administrative review.

Thanks.

[liuking3d]

Hello CR001,

Yes it is related and a subsequent reapplication.

Thanks.

[CR001]

So did you apply with a new CoS assigned by your sponsor?

Is it still the same sponsor as in the link?

Was the outcome of your AR still a refusal of the original application?

[liuking3d]

Hello CR001,

I made a fresh application with a new COS issued by the same Sponsor after the Ran a fresh RLMT and issued me the CVs of all the applicants that applied for the job during the RLMT and a cover letter staing and explaining why the applicant didn't qualify for the role. As the previous refusal was based on non genuine labour market test not conducted.

Thanks

[CR001]

Then there must have been something wrong with the CoS if HO claims it is invalid?

Are you sure the sponsor didn't cancel it?

[liuking3d]

The COS wasn't cancelled as this was confirmed by my sponsor. The reason that i can see from the ECO's comment was that the COS stated a salary that is not appropriate which is 35000 PA for 37.5 per week because has has been awarded on this for the previous applications.

" As you have obtained an invalid COS, I cannot confirm your salary against Appendix J of the Immigration Rules. Therefore I am satisfied you have not met the requirements for being paid an appropriate salary and therefore refuse your application under paragraph 245HB(b) of the Immigration Rules"

Thanks

[liuking3d]

Which was why i asked the question earlier because something doesn't seem right and there must be a mistake with this.

[liuking3d]

I wanted to find if i can go AR because if 35000 pa for 37.5 hours per week salary under experienced worker for SOC 2135, Then the grounds for refusal under was wrong and erroneous.

Thanks

[iworker]

there is nothing wrong with salary. Salary is enough.
What you are not understanding is, its one part of points system, where is gives point for valid cos including salary etc. It doesnt mean your salary is not right when the heading of that point is salary. It can mean, there is something else wrong with cos.

not related to this, what did u do with the CVs? this is the most stupidest thing an employer can do to satisfy rlmt. He is giving u other cvs, which contain personal information, without that being the purpose.. which is a serious breach of confidentiality. This employer certainly doesnt know what he is doing, and can land in serious trouble.
Giving you information on why the candidates were not suitable, when u have nothing to do with recruitment, is another serious breach of duties.

[CR001]

there is nothing wrong with salary. Salary is enough.
What you are not understanding is, its one part of points system, where is gives point for valid cos including salary etc. It doesnt mean your salary is not right when the heading of that point is salary. It can mean, there is something else wrong with cos.

Does HO not use 39 hours to calculate appropriate salary??

[CR001]

not related to this, what did u do with the CVs? this is the most stupidest thing an employer can do to satisfy rlmt. He is giving u other cvs, which contain personal information, without that being the purpose.. which is a serious breach of confidentiality. This employer certainly doesnt know what he is doing, and can land in serious trouble.
Giving you information on why the candidates were not suitable, when u have nothing to do with recruitment, is another serious breach of duties.

Agree, a serious breach of the DPA!

[iworker]

there is nothing wrong with salary. Salary is enough.
What you are not understanding is, its one part of points system, where is gives point for valid cos including salary etc. It doesnt mean your salary is not right when the heading of that point is salary. It can mean, there is something else wrong with cos.

Does HO not use 39 hours to calculate appropriate salary??

they do. So OP's 37.5 is a even better thing.. min required is 34700 for 39 hours, so his 35k for 37.5 would push it even higher.

[CR001]

there is nothing wrong with salary. Salary is enough.
What you are not understanding is, its one part of points system, where is gives point for valid cos including salary etc. It doesnt mean your salary is not right when the heading of that point is salary. It can mean, there is something else wrong with cos.

Does HO not use 39 hours to calculate appropriate salary??

they do. So OP's 37.5 is a even better thing.. min required is 34700 for 39 hours, so his 35k for 37.5 would push it even higher.

Something odd about this then. Perhaps the OP should post the entire refusal letter contents excluding personal info.

[liuking3d]

Hello iworker,

I submitted the CVs along with other supporting documents in of my application with a cover letter from the HR explaining the applicants didn't qualify given given that reason for previous refusal was based a non genuine RLMT was conducted.

where i understand your point on breach, I guess i was given those to submit alongside other supporting documents not that i am part of recruitment.

What should i do here, do I go for AR.

Thanks.

[CR001]

Your sponsor SHOULD NOT have given you the CV's unless they had the express written permission from the CV holders that they can give the CVs to you for use in a Home Office application.

CVs contain loads of personal information that is completely irrelevant to you. If HO wanted additional information, they would have contacted the sponsor directly and asked for it.

What salary was stated in the RLMT process?

[liuking3d]

I completely understand regarding the CVs.

on your point on if HO require any further information they will ask for it..The problem with that is that such has not been taken in consideration in 2 of my previous applications, where further information would have been requested for but HO office never did, Maybe that was why I didn't think of it from that angle when i received the CVs, Evidential Flexibility has never been exercise on my case. it doesn't excuse that CVs should not have been handed out because of the private information.

35000 was salary used for the RLMT.

[CR001]

Your previous applications was grossly flawed as FrontierMole pointed out in that you had an offer letter dated before the RLMT was completed. HO would not view this lightly at all and any explanation would simply be seen as trying to dodge the issue of you not being 'pre-selected'.

[liuking3d]

Yes, That i grossly understand how home office might view any explanation, where I know that was offered a wrongly dated letter, which from a mistake from i failed to spot before submitting it. My Sponsor quite got tired after the second refusal that I wasn't sure I was still in the running for the role when they decided to put the role back in the market(RLMT) because there is a chance they will find someone suitable. But it happens that they didn't because i had to through the CVs to make sure the skills they are looking that non of the applicants has it because i didn't want to go through another application where a suitable applicant has applied for the role.

Thanks CR001, Given the situation, like i asked earlier should I go an AR.

Thanks.

[liuking3d]

Hello CR001,

Any thought on what to do because I am looking at going for AR on this.

Thanks

[CR001]

If you believe HO made an error, then go for AR. If HO did not make an error, AR will fail.

[liuking3d]

Hello CR001,

I believe the ECO made a mistake as there's absolutely nothing wrong with the COS to render it invalid and I believe the salary is appropriate.

Thanks

[CR001]

Which is why I asked you to post the full refusal letter (excluding personal info) and not only the small paragraph you have posted. A refusal letter is usually longer than what you have posted.

I believe the ECO made a mistake

Did you apply within the UK or outside the UK??? ECO refers to applications made OUTSIDE the UK.