CoS granted but salary is lower than CoP, is it possible?

[ertis]

Hi All,

I want to switch from Tier-1 (PSW) to Tier-2.
My company has recently got the certificate of sponsorship for me.

However my salary is lower than the amount stated in the Codes of Practice list. (Programmer - £26.000)

Is it possible that the company got the certificate even though the salary is lower than the amount stated in CoP? I thought UKBA checked these amounts during the CoS application and they shouldn't have granted the certificate in first place if there was a problem.

If I apply in this condition I am afraid to get rejected.

Also, in the Tier-2 application form, under section "L5 Appropriate Salary", there is an option that says “General £20000 and aboveâ€

[psychic]

Sorry to dissapoint you, the paragraph following

You can claim 20 points for the appropriate salary offered by your sponsor. You can score the following points for your appropriate salary:

states that

The Certificate of Sponsorship must also confirm that you will be paid at or above the appropriate rate for the job.

and if you decide to go ahead with your salary discrepancy, another following paragraph states:

If you fail to notify us of any discrepancy and one is discovered, you may be held jointly liable with your sponsor, and have action taken against you.

If your situation is really urgent, you can approach an immigration lawyer with the questions I have raised at the end of this thread:

http://www.immigrationboards.com/viewtopic.php?t=74380

[ertis]

So it seems like the company stated in the CoS application that they will be paying at least the required amount stated in the codes of service list, but if I state my current salary on the tier-2 application form, the application will be rejected because the salary is lower than the required amount.

[psychic]

To be honest, the whole Tier 2 system with select graduate titles and minimum pay is SH**

The government has used the top 25 percentile to arrive at minimum earnings with no interim arrangements for PSW holders, non London salary adjustment etc.

Also the changes are so drastic that many employers do not even know what can/cannot be done under the current rules or even how long these are going to be valid, given the number of changes since the new government took power.

Probably more answers will surface as some more months pass, but for people who have to immediately switch, I guess only an experienced immigration lawyer can help because this is a voluntary public discussion board and information will only seep through slowly.

Regardless please keep us updated if you do approach an immigration lawyer.

Thanks

[mt_dilber]

you should have told ur employer about codes and salary requirements

if u use this COS, ur application will be refused no doubt.

find out any other code which closely matches to ur title with right salary. and ask ur employer to ''amend COS'' using sponsorship management syastem putting a note that new code for the job and salary is abc xyz.

if not then u have get this cos canceled and apply new one.