TIER 2 visa refusal due to inappropriate salary

[swagh1611]

Hello!

I recently submitted my Tier 2 visa application (Standard Service on 10th July). My employee has issued me a CoS of 5 years. The job code is 2136 (Software Engineer).

It recently caught my attention to this. So as per CoS, I have sponsorship for 5 years. Today, one of my friend he reached out to me mentioning the following.

If a Tier 2 CoS is being issued for longer than three years the applicant is considered to be an 'Experienced Worker', and the higher salary thresholds apply, even if they would otherwise be considered to be a 'New Entrant'.

Is this true?

If yes, will it create trouble for me, as the salary mentioned on my CoS is 30K pounds and for job code 2136, the experienced salary given is 32K pounds?

Looking forward to your replies.


Thanks

[swagh1611]

Hello!

Even I am confused. I recently applied for Tier 2 5 years visa as my CoS is for 5 year for 2136 job code.

Am I considered as new entrant or experienced?



Note : I am switching from tier 4 to tier 2

[CR001]

Hello!

Even I am confused. I recently applied for Tier 2 5 years visa as my CoS is for 5 year for 2136 job code.

Am I considered as new entrant or experienced?



Note : I am switching from tier 4 to tier 2

How old are you? You have not stated this in either of the posts you have made.

See also point 12 in the forum rules FAQs (click)

[swagh1611]

Hello!
I am under age 25.

[swagh1611]

Hello!

Just to let you all know I am under 25.

[CR001]

Hello!
I am under age 25.

Then you are a new entrant under normal circumstances if your CoS is for 3 years as far as I understand.

[swagh1611]

Hello!

The CoS is issued for 5 years starting from 3rd September 2018 to 2nd September 2023.

Will I be still considered as new entrant?

[CR001]

See page 52 of the Sponsorship Guidance Notes in the link below. For a 5 year CoS, you are considered and must have the experienced rate.

https://assets.publishing.service.gov.u ... .0-EXT.PDF

Checking the salary is at the appropriate rate for the job
The certificate of sponsorship (CoS) must confirm that the applicant will be paid at or
above the appropriate rate for the job. You can check this is appropriate from the
relevant code of practice for the occupation.
Where a CoS is assigned which would mean the applicant’s total stay in Tier 2 (plus
any time as a work permit holder) would be longer than 3 years and 1 month, the
salary shown on the CoS must be at least the ‘experienced’ rate of pay. For
example, if the sponsor assigns a 5 year CoS with the ‘new entrant’ rate of pay, it will
not meet the minimum requirements of the rules and the applicant must be refused.

[swagh1611]

Hello!

In that case, what should I do now because just 10 days before I had submitted my documents (Standard service). If that's the case, my application will be refused anyways.

Any further guidance will be helpful in this.

[swagh1611]

Hello!

I have informed my employer about this. It was a mistake from their side. So now they told me they will add notes to the CoS in order to achieve salary threshold as mentioned for 2136 job code.

Am I supposed to do anything from my side to inform the HO ?

Thanks.

[swagh1611]

Hello!

I have received the updated CoS wherein my sponsored has mentioned about guaranteed bonus and it is above threshold now. Am I suppose to send any cover letter , updated application form and updated CoS from my side?

And just to confirm can I send these documents to the same address as for the one I had sent my passport and brp to?

Please need a swift reply. It is urgent.

[swagh1611]

On 10th July I submitted an online application for Tier 2 General 5 year visa route using unrestricted COS as I am currently in UK on Tier 4 Visa. The SOC code mentioned in the COS is 2136. The salary mentioned in the COS was 32,500 pounds for 40 hrs-week. The salary threshold for SOC code 2136 is 32k pounds (as for 5 year visa experienced rate is considered). Neither my employer was aware nor did I that the salary mentioned in the Appendix J is for 39 hrs-week. And hence when 32,500 is equated to 39hr-week it comes around 31,687.50 pounds. Hence my application was refused.

I have couple of questions now.
1) Will going for admin review help me in my case (which I think will not)?
2) My tier 4 visa expires on 31st October 2018, can I apply again with new unrestricted COS and with new salary?

Thanks.

[cyclina1]

On 10th July I submitted an online application for Tier 2 General 5 year visa route using unrestricted COS as I am currently in UK on Tier 4 Visa. The SOC code mentioned in the COS is 2136. The salary mentioned in the COS was 32,500 pounds for 40 hrs-week. The salary threshold for SOC code 2136 is 32k pounds (as for 5 year visa experienced rate is considered). Neither my employer was aware nor did I that the salary mentioned in the Appendix J is for 39 hrs-week. And hence when 32,500 is equated to 39hr-week it comes around 31,687.50 pounds. Hence my application was refused.

I have couple of questions now.
1) Will going for admin review help me in my case (which I think will not)? No.
2) My tier 4 visa expires on 31st October 2018, can I apply again with new unrestricted COS and with new salary? Yes. So urge your employer do so as soon as possible.

Thanks.

[srsw]

What was the salary range mentioned in the job advert?