Wrong number of working hours in COS = Problem ?

madona587 · Post by **madona587** » Mon Sep 05, 2011 10:39 am

I applied for TIER2 switching from PSW last week. Y.day i saw a post here regards to someone being refused for TIER2 based on his working hours.

I work 40 hours a week and earn Â£26000 and I'm a web designer, According to Section J information Technology my SOC code stands as 2131. But after reading the above post i realized the salary is calculated based on 37.5 Hours a week. So obviously I'm falling short because I work 40 Hrs not 37.5. (My COS & Application says i work 40 hours)

Is this going to be a problem? One thing I noticed is that the person got refused under Section M SOC code. Which specifically mentions Hourly rates but in Section - J (IT) it does not specifically mentions hourly rates instead it just says the annual salary.

As my PSW visa will be expired in few days time i want to know if I'm refused will i be eligible to make a fresh new application ? My employer will be able to reduce my hours from 40 -> 37.5 and even get a new COS. (I worked for emp 18 months and switching from PSW)

Can i re-apply while my PSW expired already ? or Can i appeal with this new piece of information (Reduced hours)

Only IF I'm refused. So its a hypothetical question !

Thanks for any help. I'm at the edge of breaking down as I cannot take this any longer. This whole TIER2 System is a big JOKE

virgos143 · Post by **virgos143** » Mon Sep 05, 2011 1:13 pm

Madona,

I thought they would calculate using your 40 hours per week salary pro-rata it to 37.5 hrs. Based on that they will calculate your annual salary and match it with your relevant SOC code and salary. Basically it will be 24375 pounds per year, this salary should come in the SOC guide. I hope this makes sense.

tier2applicant · Post by **tier2applicant** » Mon Sep 05, 2011 1:28 pm

Hi Madona587,

while generating the CoS I was confused regarding this too. Though my employer entered 37.5 hours as you've mentioned. There are two things, one it asks for number of hours and also asks if the salary is yearly, monthly etc. Its a bit conflicting.

I think it should be fine if you've entered yearly 26k. Personally I believe the 'number of hours' section only applies for an hourly paid employee. Since you are on fixed yearly contract you may not worry.

One thing might completely answer your question. Can you verify on the COS generating page if there was a *(mandatory to enter) next to the hours ? If not, you should worry at all.

Hope it helps, please let me know if you get a chance to see the Sponsorship portal in your office.

madona587 · Post by **madona587** » Mon Sep 05, 2011 3:17 pm

virgos143 wrote:Madona,

I thought they would calculate using your 40 hours per week salary pro-rata it to 37.5 hrs. Based on that they will calculate your annual salary and match it with your relevant SOC code and salary. Basically it will be 24375 pounds per year, this salary should come in the SOC guide. I hope this makes sense.

This is exactly what I'm worried about as my job role requires a minimum salary of 26K. I think i have shot myself in the foot ! S*rew this man

madona587 · Post by **madona587** » Mon Sep 05, 2011 3:20 pm

tier2applicant wrote:Hi Madona587,

while generating the CoS I was confused regarding this too. Though my employer entered 37.5 hours as you've mentioned. There are two things, one it asks for number of hours and also asks if the salary is yearly, monthly etc. Its a bit conflicting.

I think it should be fine if you've entered yearly 26k. Personally I believe the 'number of hours' section only applies for an hourly paid employee. Since you are on fixed yearly contract you may not worry.

One thing might completely answer your question. Can you verify on the COS generating page if there was a *(mandatory to enter) next to the hours ? If not, you should worry at all.

Hope it helps, please let me know if you get a chance to see the Sponsorship portal in your office.

This is why I'm confused as well cause in Section-J it only shows a fixed annual salary not hour rates like in Section-M. However at the start of the SOC document they do mention "Salary is calculated based on 37.5 Hrs"

Yes I have been told by my Level1 user that there is a * next to hours.

I can clearly see a Refusal coming my way... however my main issue is wanting to know whether its possible to re-apply having my psw already expired. If thats the case I can get my employer to get a new COS with 37.5 Hours instead of 40 Hours. Or increase my pay to match 40 Hours.

Can someone confirm this to me ?

virgos143 · Post by **virgos143** » Mon Sep 05, 2011 3:47 pm

Madona,

As you may be aware ... ia m in a boat of not having my company get register on the list of sponsors and not getting atimely COS i went in the path to seek legal guidance...

From couple of the solicitors i got a very similar actually the sane answer that even if you are rejected with the Tier 2 visa you can re-apply as long as you clearly state that you have overstayed and you have all the documents and is within the tier 2 guidance basically no single point of error this time. this was in my case where i may not have a COS in my initital application but will apply once get my COS if it gets refused. I guess the same can also apply to you as long as you sort your hours and pay and get a new contract and COS i guess. However you must acknowledge that you will be an overstayer and its consequences of not coming to the UK for think 1 year (Please confirm if i am wrong) dont think it will hamper going to other countries (Again please confrim someone

). Also your company may not want to employ you in that period as this is is illegal. I would suggest if in infortunate case you visa does get rejected going through a lawyer would be the best option. Hope this helps. As you said dont lose hope there is always a way. good luck m8

shoma · Post by **shoma** » Mon Sep 05, 2011 4:04 pm

In my COS I got 39 hours.I have applied with SOC code 1136 and earning 27,300 per year and title is QA Manager. Will I be refused too?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

madona587 · Post by **madona587** » Mon Sep 05, 2011 4:09 pm

virgos143 wrote:Madona,

As you may be aware ... ia m in a boat of not having my company get register on the list of sponsors and not getting atimely COS i went in the path to seek legal guidance...

From couple of the solicitors i got a very similar actually the sane answer that even if you are rejected with the Tier 2 visa you can re-apply as long as you clearly state that you have overstayed and you have all the documents and is within the tier 2 guidance basically no single point of error this time. this was in my case where i may not have a COS in my initital application but will apply once get my COS if it gets refused. I guess the same can also apply to you as long as you sort your hours and pay and get a new contract and COS i guess. However you must acknowledge that you will be an overstayer and its consequences of not coming to the UK for think 1 year (Please confirm if i am wrong) dont think it will hamper going to other countries (Again please confrim someone ). Also your company may not want to employ you in that period as this is is illegal. I would suggest if in infortunate case you visa does get rejected going through a lawyer would be the best option. Hope this helps. As you said dont lose hope there is always a way. good luck m8

My Lawyer told me that he never had a situation someone got refused based on this before and and said we can re-apply. Not sure if i can cause my PSW will be expired by that time.

I'm also down -Â£550 + Stupid Biometric sh*t 1 day off and transport.

This sh*t is not worth it man. As far as I'm concerned I no longer give a damn

madona587 · Post by **madona587** » Mon Sep 05, 2011 4:12 pm

shoma wrote:In my COS I got 39 hours.I have applied with SOC code 1136 and earning 27,300 per year and title is QA Manager. Will I be refused too?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

shoma I personally agree with what virgos143 said in his first reply. I think that's how its calculated. He might be wrong. We all might be wrong. We can only speculate and keep fingers crossed mate. Maybe an expert can shed some light ?

Guys I'm only speculating a possible scenario based on a previous experience by someone. Please do not panic and start any rumors !

madona587 · Post by **madona587** » Mon Sep 05, 2011 4:17 pm

shoma wrote:In my COS I got 39 hours.I have applied with SOC code 1136 and earning 27,300 per year and title is QA Manager. Will I be refused too?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

QA manager (computer and video games) = Minimum Â£25000

39/40 = 0.975
0.975 * 27300 =
26617.50 this is more than 25000 minimum according to SOC code.

So I don't see a problem. Not sure if i have done it correctly but i think you're safe mate.

tier2applicant · Post by **tier2applicant** » Mon Sep 05, 2011 4:51 pm

FML

Reading this thread I have no hopes at all of my visa getting accepted. I am going to apply for this weekend, still waiting for bank statement.s Though I see everything in the application alright, I know there will be some silly reason in the waiting.

As I apply for visa, I will pack my bags too. Just in case.

madona587 · Post by **madona587** » Tue Sep 06, 2011 1:04 pm

tier2applicant wrote:FML

Reading this thread I have no hopes at all of my visa getting accepted. I am going to apply for this weekend, still waiting for bank statement.s Though I see everything in the application alright, I know there will be some silly reason in the waiting.

As I apply for visa, I will pack my bags too. Just in case.

lol good one,

I was under the same illusion as you thinking I have done everything right ! Now its all up to God and the ECO to decide my fate

Whatever happens for a reason

shoma · Post by **shoma** » Tue Sep 06, 2011 1:37 pm

Thank you for calculations , I pray you all get what you expect. I am also ready to go back and consider this so called Tier 2 system a complete madness.

safatafa · Post by **safatafa** » Fri Sep 09, 2011 10:27 pm

this is from tier 2 guidance, not sure why u r worried!!!

If you will be working in the United Kingdom for less than 12 months, you can claim points 77. for your pro-rated yearly earnings. For example, if you will earn Â£15,000 on a six month contract, you can claim points for the equivalent earnings of Â£30,000 per year. This only applies to short term contracts.If you will be working part time, you can only claim points for your actual earnings and not for the equivalent full time earnings.
We will only award points for up to a maximum of 48 hours a week, even if you are working 78. more than this. For example, if you will earn Â£8 per hour, working 60 hours per week, you must work out your equivalent earnings for a 48 hour week. This would be Â£19,968 (8x48x52) not Â£24,960 (8x60x52) so will therefore not be awarded points for appropriate salary.
You should add acceptable allowances to your gross salary to work out the points you can 79. claim.
If you are working more than 48 hours a week, you should work out your equivalent 80. earnings for a 48 hour week as set out above before adding any allowances.

virgos143 · Post by **virgos143** » Sun Sep 11, 2011 11:50 am

Yes but the if you go in SOC codes most of the job implieds for 37.5 hours not 48 hours!!

madona587 · Post by **madona587** » Tue Oct 04, 2011 11:53 am

Thanks for your help guys

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Wrong number of working hours in COS = Problem ?

Wrong number of working hours in COS = Problem ?

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