Salary change mentioned on COS

[ilruk84]

Hi,

My Mrs came to UK end of December 2020 and she is about join her work place NHS next week but they have just came back to her with offer letter that is now stating less salary (about £12,000 less ) if she refuse to join will this impact her future applications? She is willing to join and work but with the salary package that was mentioned in COS can she ask them to pay her the same salary that they offered her initially? Can we call HO and tell them so that if they cancel her sponsorship they know about it?

Many Thanks

[ilruk84]

Just to add I am currently filling the form for her to convert her visa to spouse visa will this impact her application? If they cancel her sponsorship how many days she will have incase she has to leave the country? I read somewhere if sponsorship is canceled person has legal stay of 60 days to leave the country or to find new sponsor?

[CR001]

Just to add I am currently filling the form for her to convert her visa to spouse visa will this impact her application? If they cancel her sponsorship how many days she will have incase she has to leave the country? I read somewhere if sponsorship is canceled person has legal stay of 60 days to leave the country or to find new sponsor?

Please continue in your other question re spouse visa.

Her tier 2 issue is irrelevant to switching to a spouse visa, provided that you therefore meet the financial requirment as she is not yet working.

A sponsor cannot cancel her visa. Only ukvi has that authority to do that and curtailment letters takes a few months to get sent out and the 60 days is from the date of the letter ukvi sends.

[Tiger77]

Hi,

My Mrs came to UK end of December 2020 and she is about join her work place NHS next week but they have just came back to her with offer letter that is now stating less salary (about £12,000 less ) if she refuse to join will this impact her future applications? She is willing to join and work but with the salary package that was mentioned in COS can she ask them to pay her the same salary that they offered her initially? Can we call HO and tell them so that if they cancel her sponsorship they know about it?

Many Thanks

The employer can reduce the salary provided it is still above the minimum threshold for the role. They just need to notify the HO via SMS of the salary reduction.

[ilruk84]

Thanks once again for your useful information.

In regards to TIER2 salary can sponsor change that on offer letter as COS has higher salary they have reduce 12k on offer letter? As they have change her salary can she refuse to join them?

Thanks

[Frontier Mole]

The NHS would normally be considered a credible and immigration compliant employer. It seems strange that they would issue a COS with one salary and an offer letter after the COS was issued and the migrant has landed in the UK.

Is your spouse working directly for the NHS or through an agency?

[CR001]

The NHS would normally be considered a credible and immigration compliant employer. It seems strange that they would issue a COS with one salary and an offer letter after the COS was issued and the migrant has landed in the UK.

Is your spouse working directly for the NHS or through an agency?

Could the reason be due to a tier 2 general having a salary level and then most dropped when the new skillled worker visa came into effect, so a cos now would have a reduced salary requirement?

Also, why is she starting her sponsored job so late (almost 2 months) after arriving in the UK?

[Frontier Mole]

Tier 2 COS issued prior to introduction of skilled worker route set the salary scale and has to be met. Even if the skilled worker route would allow a lower salary.

NHS roles have fixed salary bands hence my question about who the actual employer is, simply put the NHS do not reduce salaries at a whim. So a drop of £12k would have to be a large reduction in hours rather than a change in salary band.

The NHS is not furloughing people, the exact opposite in fact, they are on a massive recruitment drive, albeit many of the posts are fixed term.

None of the storyline fits with direct NHS employment, hence I have a suspicion this is an employment agency / contracting set-up.