Tier 2 Extension-Need help

[hasfa.yasir]

Hi All,

my visa is expiring on 1st of August 2016 and it was first issued on 8th of July 2013.

I have the same JOB code and work for the same employer. I got my New COS issued (expiring 1st of July 2016) and planning to apply for my extension in last week of June 2016.

my Question is that my company is paying me 32k for the job including guaranteed travel allowance of £1494 for the year and £606 for my uniform allowance which leaves my basic pay of £29,900

what makes me confused is that the salary required for my extension is 32k which is what i am getting paid but I ony get my basic pay(£29,900) on my payslip. and other allowances(£2100), I pay and then claim it through expenses. Also, worth mentioning, these allowances are fixed and are guaranteed to be part of my salary so I am wondering if home office will accept these allowances as part of my salary?
My COS says 32k including bonuses/ allowances.

Also- when I was filling up form for my extension online, it is asking me following questions:

1.What is your annual salary in GBP? -Shall I fill in £29,900 or 32k?

2.Do you receive any allowances as part of your
employment package?-I wrote Yes

3.What are these allowances? I wrote guaranteed annual travel allowance of £1494 and uniform allowance £606-total garanted allowance= £2100

Please advise if I have filled in the answers correctly?

Many thanks for your help

[trueblue19]

Your answers are correct. As long as the allowances are 'guaranteed', you can include them towards your annual salary. 'In my opinion' the first answer should be '32k' and then guaranteed allowances being part of that annual salary. One of the more experienced members can confirm.

[hasfa.yasir]

Dear trueblue19,

many thanks for your help. I was confused about what salary to mention. Would appreciate if others(Manci,CR001 etc) give their valuable suggestion with their experience? as I have to submit my application online first before I could pay for my application so want to make sure I do everything right.

thanks alot

[hasfa.yasir]

Dear gurus,

please help, awaiting an answer for my query above.

many thanks

[hasfa.yasir]

dear all,

I am in a similar dilemma.

I applied for my tier 2 G three years ago where my salary was based on 40 hours per week on the COS but salary mentioned on the SOC CODES was as per annual survey of hours i.e 39 hour week. I got the Visa for three years then but now when I am applying for my extension, I noticed that the annual survey of hours are based on 39 hours per week and my new COS for my extension is similar to the first one issued three years ago only difference being the salary which is at the experienced rate. I have to apply for my extension in couple of weeks time and I am worried will they refuse my visa on grounds that my salary is based on 40hours week per COS but should be based on 39hrs per week as per SOC? it's basically a mistake made by home office, can I challenge them for their mistake if they refused my visa extension?
Please need ur urgent reply on this gurus specially Manci, CR001 and all others experienced members

Please see link below for your reference. page no 5

https://www.gov.uk/government/publicati ... ed-workers

[CR001]

dear all,

I am in a similar dilemma.

I applied for my tier 2 G three years ago where my salary was based on 40 hours per week on the COS but salary mentioned on the SOC CODES was as per annual survey of hours i.e 39 hour week. I got the Visa for three years then but now when I am applying for my extension, I noticed that the annual survey of hours are based on 39 hours per week and my new COS for my extension is similar to the first one issued three years ago only difference being the salary which is at the experienced rate. I have to apply for my extension in couple of weeks time and I am worried will they refuse my visa on grounds that my salary is based on 40hours week per COS but should be based on 39hrs per week as per SOC? it's basically a mistake made by home office, can I challenge them for their mistake if they refused my visa extension?
Please need ur urgent reply on this gurus specially Manci, CR001 and all others experienced members

Please see link below for your reference. page no 5

https://www.gov.uk/government/publicati ... ed-workers

I have moved your post from the topic where you tagged onto as the topic was more than 6 years old. Please keep your queries in your own topic (this one) rather than digging up old posts.

[hasfa.yasir]

thanks CR001.

Can you please help on the queries above. I am really stressed and not able to get a satisfactory answer:(

[hasfa.yasir]

can anybody please help? havent got a reply on this since 2 weeks:( have to apply end of this month. please need urgent help:(:(

[Frontier Mole]

It is unfortunately very simple - if the salary quoted on the COS is the experience rate and at 40 hours and not 39 hours it will be refused.

[hasfa.yasir]

thanks Frontier mole for your reply. much appreicated. I wonder how come I got it in the first place? also can't I challenge them on their mistake which was done 3 yeara ago? for me, it's a big blunder by the home office and shouldn't
refuse on this basis? wt do you think?

[hasfa.yasir]

also, do I need to include a letter from HR regarding my garanteed bonus of £2100 to support my salary or it's enough if I just mention it on my application?

[Frontier Mole]

The past is the past, you benefited from any mistake, if there was one. So in effect you would be stating your leave was invalid but you want to carry the benefit forward.....
Not going to happen.

The rules as they now stand is the decision making basis for your current application. You either meet them or you don't. If you don't it will be refused. Trying to bargain with the HO is like King Kanut trying to stop the raising tide.... Not going to happen. A past HO error does not get you a get out of jail card to resolve a future fail.

As for guaranteed bonus, there is no harm in providing the letter.
The bonus should have already been outlined in the COS, if that is not the case then perhaps just maybe they will consider it when looking at your earnings.

The safest way forward is to withdraw the application, get a new COS and apply again. That assumes your employer is willing to pay the experienced rate for role based on the hourly rate set at 39 hours.

Trying to get it resolved post refusal is costly, time consuming and given the circumstances unlikely to succeed.

[hasfa.yasir]

Thanks Frontier Mole for your quick reply. much much appreciated!

that's fine-I will ask my HR to issue me a new COS but I haven't used my current COS as yet. Do we still have an option to withdraw the COS and get a refund?

also will ask HR to include allowances this time.