(That's why i said 35, 37.5 or 40 is not important). I also called other solicitors for second opinion and they echoed the same. "You don't earn at-least the experienced wage, not a chance for ILR".
Have a look at page 4/5 on SOC code:
The rates are based on a 39-hour working week for all occupations where the salary source used is the
Annual Survey of Hours and Earnings....
... If the job has contracted weekly hours or is paid an hourly rate, the rates must be pro-rated accordingly,
but otherwise they do not need to be pro-rated.
The fact that weekly hours are mentioned in CoS, it is reasonable to argue that the salary needs to be prorated.
Additionally, there had been discussions on this on the forum earlier:
http://www.immigrationboards.com/indefi ... 66412.html
http://www.immigrationboards.com/indefi ... 58350.html
At the end of the day the decision will be given by caseworker based on SOC code guidelines, and not the lawyers. But I do appreciate that there is a fair deal of ambiguity, and often no general agreement amongst the applicants, because of unclear guidelines in the online documentation (probably deliberate).
But to be on the safer side, of course lawyers advise to fight for the higher 39-hour salary than mentioned in SOC code. Remember, caseworkers can also overlook some details on the form and make mistakes.
