tier 2 - COS and reduction in contracted hours

[arsenal49]

If the company issues a COS to tier2 migrant and he is supposed to be working 48 hours a week.

Lets say, due to unforseen circumstances like dip in business contracts etc., after new tier 2 migrant is being employed for 3,4 months, the company MUST act to reduce number of working hours of tier 2 migrant (cuz there is no work for an employee to do!)....

how will that situation effect tier 2 migrant who was issued COS based on 48 hours-a-week work.

regards

[mt_dilber]

ukba wesite ( http://www.ukba.homeoffice.gov.uk/worki ... onditions/ ) states;

You will need to make a 'change of employment' application if you want to stay with your current employer but;
1. your core duties will change so that your job will be in a different Standard Occupational Classification (SOC) code;
or
2. your pay will be lower than the level indicated on your current certificate of sponsorship or work permit, unless this is because of a company-wide reduction defined as acceptable in the sponsor guidance, or because of maternity or adoption leave.

term ''unless this is because of a company-wide reduction defined as acceptable in the sponsor guidance'' means,
reduction in pay due to reduction in hours will be acceptable by ukba if it is done company wide (not just urs only). so u have to check this in sponsor's guidance .

Hope it helps.

[arsenal49]

You will need to make a 'change of employment' application if you want to stay with your current employer but;
1. your core duties will change so that your job will be in a different Standard Occupational Classification (SOC) code;
or
2. your pay will be lower than the level indicated on your current certificate of sponsorship or work permit, unless this is because of a company-wide reduction defined as acceptable in the sponsor guidance, or because of maternity or adoption leave.

that was useful....i did read that before but i decided to ask the question anyway cuz i could not find "sponsor guidance" notes so that i could look into it further to determine what is indeed acceptable as far as UKBA is concerned.

could you please help me find it.


regards

[mt_dilber]

http://www.ukba.homeoffice.gov.uk/sitec ... sguidance/

[arsenal49]

i have gone each and everyone of them..... couldn't find answer to my question:(

[mt_dilber]

In that case your sponsor should contact UKBA directly and discuss the situation.

[arsenal49]

thanks anyway....

would appreciate thoughts from other members on the subject too...

regards

[arsenal49]

can someone please look at the first page of the code of practice...( any section) and answer the following question.

Code: Select all

http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/employingmigrants/codesofpractice/

if the "appropriate salary" , per hour, assumes a working week of 37.5 hours (as mentioned on the first page of all sections), could you help me pro-rate the following.

code of practice
Job 2129, section M (on shortage list)
appropriate salary --> 14.76 per hour
working week --> 37.5 hours
annual salary ~ 26K


ACTUAL working pattern

salary -->13.24 per hour
working week--> 45 hours
annual salary ~ 28.5k

furthermore,

To meet govt's salary (per annum) requirement, i would need to put in more than 37.5 hours..

if i put in 45 hours to get 28.5k salary then i will get COS (since my job is in shortage) but...

due to govt's requirement to pro-rate the "appropriate" salary , when working more than 37.5 hours, i would fail this hourly rate requirement of 14.76...

my employer is very supportive and willing to tweak my contract to meet this requirement, as long as its legal. my question is what i can ask them to do, so that i satisfy both salary requirement AND hourly requirement.

regards

[wf]

Your hourly rate is £13 - there is no pro rating in this case.

My interpretation of it is, that if you are paid a yearly salary, ie: 24k, the effective hourly rate is calculated based on a 37.5 hr week.

ie: 24000 / (52 * 37.5) = £12.30 per hour

If you are in fact working 55 hrs per week, the hourly rate is calculated as:

24000 / (52 * 55) = £8.39 per hour

This prevents people from having a lower hourly rate than is permitted, but working a greater number of hours to make up for it.

From what you have said it seems you are paid an hourly rate as opposed to a salary, or possibly a salary based on a 45 hour week, either way your rate for the purposes of the code of practice, is £13 per hour.

[arsenal49]

thanks wf

perhaps i should be clearer...

my "ACTUAL Working Pattern" is what, lets say, my sponsor is willing to offer...

it doesn't mean im getting paid. think about it this way.

i went to my employer for job XYZ and said i want these terms...

my employer said, no, but we can offer you this..(ACTUAL Working Pattern)

hope this makes sense

regards

[arsenal49]

can someone please look at the first page of the code of practice...( any section) and answer the following question.

Code: Select all

http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/employingmigrants/codesofpractice/

if the "appropriate salary" , per hour, assumes a working week of 37.5 hours (as mentioned on the first page of all sections), could you help me pro-rate the following.

code of practice
Job 2129, section M (on shortage list)
appropriate salary --> 14.76 per hour
working week --> 37.5 hours
annual salary ~ 26K


ACTUAL working pattern

salary -->13.24 per hour
working week--> 45 hours
annual salary ~ 28.5k

furthermore,

To meet govt's salary (per annum) requirement, i would need to put in more than 37.5 hours..

if i put in 45 hours to get 28.5k salary then i will get COS (since my job is in shortage) but...

due to govt's requirement to pro-rate the "appropriate" salary , when working more than 37.5 hours, i would fail this hourly rate requirement of 14.76...

my employer is very supportive and willing to tweak my contract to meet this requirement, as long as its legal. my question is what i can ask them to do, so that i satisfy both salary requirement AND hourly requirement.

regards

[wf]

Since you have requested by PM, here is my take on it:

The salary for your position is expressed as £14.67 per hour. That is what you need your hourly rate to be, no matter how many hours you are working or whatever other formula you come up with.

It looks to me like the matter of pro rating only applies where the minimum salary level is expressed as an annual amount (ie: not hourly as in this case).

[a4ashwini]

Hi all and Manci,

I have a very critical situation with my tier 2 extension Visa processing and would please appreciate your valuable advice urgently as I my already an overstayer and don't have much days left,

My visa was refused based on the salary grounds as it was less than the min threshold for an experienced worker, my HR wasn't aware of this when the COS was assigned and it was a serious mistake on his part,

I received the refusal letter with options to either go for admin review or make a fresh application, so my company was ready to make a fresh application but now the problem is they aren't happy to increase my salary for the SOC code 2136, where the min threshold for 39 hours is £31,100 and as I work for 40 hours and it will be more than £31,100

I have looked into the other discussions here about pro rated work hours and found out that the work hours in their cases was adjusted, but given my situation of refusal and now reapplying a fresh application based on below prorate calculation by reducing work hours from 40 to 35,

For 35 hours:
i. e. 35/(39 x £31,100) = £27,910

My queries:

As my refused application and cos had a weekly hours set to 40 and now if I make a fresh application with 35 hours on CoS will it be suspicious?

Is it legal to set work hours to 35 on the CoS and also that my employer assigns a new contract to me stating the new work hours to 35?

Please advise as I need a solid proof to convince my employer that it is legal and an application can be made by adjusting the contracted weekly work hours,

Many thanks,
Ash

[aoma9842]

Hi all and Manci,

I have a very critical situation with my tier 2 extension Visa processing and would please appreciate your valuable advice urgently as I my already an overstayer and don't have much days left,

My visa was refused based on the salary grounds as it was less than the min threshold for an experienced worker, my HR wasn't aware of this when the COS was assigned and it was a serious mistake on his part,

I received the refusal letter with options to either go for admin review or make a fresh application, so my company was ready to make a fresh application but now the problem is they aren't happy to increase my salary for the SOC code 2136, where the min threshold for 39 hours is £31,100 and as I work for 40 hours and it will be more than £31,100

I have looked into the other discussions here about pro rated work hours and found out that the work hours in their cases was adjusted, but given my situation of refusal and now reapplying a fresh application based on below prorate calculation by reducing work hours from 40 to 35,

For 35 hours:
i. e. 35/(39 x £31,100) = £27,910

My queries:

As my refused application and cos had a weekly hours set to 40 and now if I make a fresh application with 35 hours on CoS will it be suspicious?

Is it legal to set work hours to 35 on the CoS and also that my employer assigns a new contract to me stating the new work hours to 35?

Please advise as I need a solid proof to convince my employer that it is legal and an application can be made by adjusting the contracted weekly work hours,

Many thanks,
Ash

Hi Ash

Can you please give us an update? Did you apply with 35hrs?