Help needed for visa application ! Got Cos before April

[honey1234]

Hello ALL ,

I have got a CoS from the company on 30 March for the Graphic designer role, CoS got the expiry date of 1 July 2024. The role was on shortage occupation according to pre 4 April and the salary mentioned in CoS is £23000. The minimum salary with shortage occupation pre-4april was roughly 21k I checked .
The question is , am i ok to apply with above CoS keep in mind pre-4april rule . If not , can company change salary figure . My visa documents are ready and i am all set to apply . but got confused . I would have applied before but was waiting for upto date bank statement.

Please if somebody can help me . Employer says, they received a document from HO that any CoS assigned before 3 April will have previous rule. I am too confused.

[honey1234]

" Existing UCoS allocations are not affected by these changes. However, if employers wish to sponsor a worker under a SOC 2010 occupation under the existing immigration rules, they must assign a CoS to the worker before 7pm on 2 April 2024.  

If there are any UCoSs on the SMS with the status ‘work in progress’ or ‘ready to go’ and they have not been assigned by 7pm on 2 April 2024, they will need to be updated with the relevant SOC 2020 occupation code and ensure they meet the revised salary thresholds before assigning.  "

This is the email my employer forwarded me today. I have got SOC 2010 so i will follow pre 4 april guidance ? is £23000 ok in this case.

[honey1234]

Can somebody help please ?

Policy guidance is so unclear , i thought anybody who was assigned cos before 4 April would have previous rules i.e. £26200 .My role was in shortage occupation so minimum was £20960. I think thats why employer offered £23k.

My employer use SOC 2010 but now the visa application form hasn't got these codes info. If somebody can help please ? can you send me a correct link where i can see the salary should be at this point, i can forward it to employer .

Thanks

[honey1234]

""If you got your certificate of sponsorship before 4 April 2024

There are lower salary requirements if either:

you got your certificate of sponsorship for this visa application before 4 April 2024
you got your certificate of sponsorship for your first Tier 2 or Skilled Worker visa before 4 April 2024 and have continually held one or more Skilled Worker visas since then
You can be paid whichever is higher of £29,000 or the lower going rate for your occupation if you make an application to:

apply to this visa
extend your visa
update your visa
change (‘switch’) to this visa ""

- Above has been taken from homeoffice official page. I have got my CoS before April my job was in previous shortage occupation list which had minimum threshold of £20960. Does above mean now my salary needs to be changed to £29000 ?? Please assist
- i am filling my visa application form and it hasnt got old SOC 2010 and new SOC code is different , shall i use this new one? Next page it asks for if occupation is in immigration salary list , its not at the moment but when i got cos it was in shortage occupation list . Shall i put YES ?? Its all so confusing

[BS2024]

Hi,
I have the same issue, did you find any resolution to this.
Kindly please share the resolution if you have any

Thanks in advance and for your time

[honey1234]

Hi,

Yes confirmed from legal advisors and from latest sponsor guidance 04/2024.
if you got CoS before 3 April and its your first visa application than you will have to follow previous immigration rukes. Such that minimum threshold £26200 and if the job was in SOL that time than it would be £20960 .
Also, in the application form you will use new SOC code 2020 regardless, job title should be same.
I hope it helps. Thanks everyone

[subhra]

Hi,
Even i have same issue. I got my COS before 4th April that time i was in shortage occupation list.
Now when i tried filing visa for my wife it is asking if i am in immigration salary list which is same in your case.
So what do i select?
I have selected no at the point as currently i am no longer in ISL as per new rule. but in my COS i got before this point(ISL) is not mentioned, so i am bit confused shall i say no or yes?

Pls help.

[honey1234]

Hi,

As explained before don't over think, you are ok to apply with old rules if got CoS before 4th April even though the job is no more in SOL/ISL(but it was before 4 April).
When filling up form, you have to select new SOC code(make sure job/designation matches what you had been offered). Also select Yes when form asks you if your job is in ISL.
you dont have to but if you can ask your employer to add sponsor note and mention old SOC code clarify the situation would also be peace of mind for you.
Case worker would know anyways and will follow policy guidance published 03/2024 anyways.

[subhra]

Hello, Thanks for your reply.
So you mean i can still use old SOC code and if i select my old SOC code but my job currently is not in ISL, will it not be a problem?
In my view the dependent form shall ask about SOL as my COS was before 4th April, Isn't it?
I have one more query:
i was checking visa fee for skilled worker dependent visa if main applicant is under
Skilled Worker - shortage occupation where a certificate of sponsorship has been issued for over three years and the applications made until 3 July 2024 then they still get 20 % discount in visa fee. Now my doubt is that in the dependent visa form it is asking about ISL not about SOL anymore. So while paying fee how i will get that 20% discount if i select no to 'ISL'.
The big confusion is that if i follow as per my COS, shall i select yes or no. Ideally it shall be 'No' right because in the form there is link which takes me to ISL list and my new or old job code doesnt exist at all..

Pls help what shall i do?

[honey1234]

Hello, Thanks for your reply.
So you mean i can still use old SOC code and if i select my old SOC code but my job currently is not in ISL, will it not be a problem?

You cannot use old SOC in the application form now, use New SOC code with same job title you were offered under old SOC

SOL/ISL is same thing , Only difference was Pre April we were using SOL and now ISL. This doesn't change anything. Don't confuse yourself.

In my view the dependent form shall ask about SOL as my COS was before 4th April, Isn't it?

If your Job was in SOL before 3 April 2024 than you have to select YES in the form, doesn't matter if it aint part of SOL now

I have one more query:
i was checking visa fee for skilled worker dependent visa if main applicant is under
Skilled Worker - shortage occupation where a certificate of sponsorship has been issued for over three years and the applications made until 3 July 2024 then they still get 20 % discount in visa fee. Now my doubt is that in the dependent visa form it is asking about ISL not about SOL anymore. So while paying fee how i will get that 20% discount if i select no to 'ISL'.

You have 2 Options BOTH ARE OK. 1- Pay Less as your job was in SOL when got CoS, 2- Pay Normal Amount . If you go for 2, Home office will Refund you difference and if you select 1 and its not right , HO will ask you extra amount. So you are SAFE either way.

The big confusion is that if i follow as per my COS, shall i select yes or no. Ideally it shall be 'No' right because in the form there is link which takes me to ISL list and my new or old job code doesnt exist at all..

As explained above , a big YES !

Pls help what shall i do?

I hope Above helps.

[tarek500]

I understand your solution. But, I can not find any option that " if your job is in ISL.". in my application forum. Where can I find this option "if your job is in ISL "? Please help me.

[Manyama]

Hi. Confirm. COS Received on 28th March 2024 is still live and I just need to enter new soc code as long as it's the same as old soc? Eg care work soc 6145 is the old one and now I should select 6135 which is the new one?

[Aashis]

About visa granting ?

I had issued my COS on 21st march 2024 with salary of £26200 but applied only on 20th april 2024 will it affect my visa plus I'm earning only £165 monthly in my home country. If I show them the bank statement, payslip and tax paid slip with such minimum earning, Is there any chance of effecting my visa by such low income in my home country. I'm applying for chef position. New rule says £29000.

[honey1234]

About visa granting ?

I had issued my COS on 21st march 2024 with salary of £26200 but applied only on 20th april 2024 will it affect my visa plus I'm earning only £165 monthly in my home country. If I show them the bank statement, payslip and tax paid slip with such minimum earning, Is there any chance of effecting my visa by such low income in my home country. I'm applying for chef position. New rule says £29000.

Doesn't matter what you earn in your home country ,as every country has got different pay scale and minimum wages. In the UK, If you have right skill set and been offered a genuine job AND As long as you are getting salary according to minimum threshold income which is £26200 according to pre-April rule , You are absolutely Fine.
New rule of £29000 will apply to you when you extend your stay, so no need to think about it at the moment.