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working hours & Salary miss understanding

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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pswtotier2
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working hours & Salary miss understanding

Post by pswtotier2 » Thu Jan 12, 2012 10:21 am

My employer misunderstand or wrongly put the COS with 37.5 hours salary as mentioned in the code of practice and weekly hours as 40. now I have got refusal :cry: . what can i do in this case. I can't appeal any way. Inorder to make the new application what are the things my employer and me consider? Please experts help me on this -Thanks

arsenal49
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Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Thu Jan 12, 2012 1:46 pm

pro-rate your salary to 37.5 hours

see if it satisfies the salary criteria as per ukba code of practice

re-apply with new COS!

madona587
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Posts: 396
Joined: Wed Mar 30, 2011 6:27 pm
Location: London

Post by madona587 » Thu Jan 12, 2012 2:03 pm

If your job title requires you to earn based on hourly rate then calculate your salary for 37.5 hours. See if it matches with the SOC. Keep in mind both COS and your application must show the same figure.
In three words I can sum up everything I've learned about life: it goes on :)

pswtotier2
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Posts: 39
Joined: Mon Apr 11, 2011 4:40 pm

Post by pswtotier2 » Thu Jan 12, 2012 2:12 pm

arsenal49 wrote:pro-rate your salary to 37.5 hours

see if it satisfies the salary criteria as per ukba code of practice

re-apply with new COS!
is it possible to apply new COS with 37.5 hours will they(home office) accept?

arsenal49
Diamond Member
Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Thu Jan 12, 2012 10:10 pm

how many hours are you suppose to work for your employer, as per your contract?

if its 37.5 hours well, than you just check it with the "code of practice" and everything is fine.

your ONLY option is to apply with a new COS. every app is considered on its own merit and previous failed apps has no bearing on the outcome of current app.

pswtotier2
Newbie
Posts: 39
Joined: Mon Apr 11, 2011 4:40 pm

Post by pswtotier2 » Fri Jan 13, 2012 9:47 am

arsenal49 wrote:how many hours are you suppose to work for your employer, as per your contract?

if its 37.5 hours well, than you just check it with the "code of practice" and everything is fine.

your ONLY option is to apply with a new COS. every app is considered on its own merit and previous failed apps has no bearing on the outcome of current app.
it is 37.5 hours and employer overlooked and put it as 40. may I know what is the time limit for the new COS allocation?. since we used all the COS.

arsenal49
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Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Fri Jan 13, 2012 10:31 am

in-country application requires un-restricted COS. i believe its allocated pretty much instantly or less than half a day - based on what people reported on this forum

pswtotier2
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Posts: 39
Joined: Mon Apr 11, 2011 4:40 pm

Post by pswtotier2 » Fri Jan 13, 2012 11:27 am

arsenal49 wrote:in-country application requires un-restricted COS. i believe its allocated pretty much instantly or less than half a day - based on what people reported on this forum
thanks a lot

madona587
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Posts: 396
Joined: Wed Mar 30, 2011 6:27 pm
Location: London

Post by madona587 » Fri Jan 13, 2012 11:48 am

pswtotier2 wrote:
arsenal49 wrote:how many hours are you suppose to work for your employer, as per your contract?

if its 37.5 hours well, than you just check it with the "code of practice" and everything is fine.

your ONLY option is to apply with a new COS. every app is considered on its own merit and previous failed apps has no bearing on the outcome of current app.
it is 37.5 hours and employer overlooked and put it as 40. may I know what is the time limit for the new COS allocation?. since we used all the COS.
First check the SOC for your job title, Look for hours requirements (Can be found at the start of the document) cause some jobs require hourly pay. e.g: xxx job requires you to be paid £13.5 hour. If this is the case with your job you must calculate your salary for 37.5 Hours. Now the full amount should not be less than your salary when you make the application. You must put this in the COS and application form. (Same details both places)

If your job requires you to be paid on annual basis, e.g: xxx job title requires to be paid 24K year then you can put anything between 37.5 - 40 hours a week.

Hope its clear :)
In three words I can sum up everything I've learned about life: it goes on :)

pswtotier2
Newbie
Posts: 39
Joined: Mon Apr 11, 2011 4:40 pm

Post by pswtotier2 » Fri Jan 13, 2012 1:14 pm

madona587 wrote:
pswtotier2 wrote:
arsenal49 wrote:how many hours are you suppose to work for your employer, as per your contract?

if its 37.5 hours well, than you just check it with the "code of practice" and everything is fine.

your ONLY option is to apply with a new COS. every app is considered on its own merit and previous failed apps has no bearing on the outcome of current app.
it is 37.5 hours and employer overlooked and put it as 40. may I know what is the time limit for the new COS allocation?. since we used all the COS.
First check the SOC for your job title, Look for hours requirements (Can be found at the start of the document) cause some jobs require hourly pay. e.g: xxx job requires you to be paid £13.5 hour. If this is the case with your job you must calculate your salary for 37.5 Hours. Now the full amount should not be less than your salary when you make the application. You must put this in the COS and application form. (Same details both places)

If your job requires you to be paid on annual basis, e.g: xxx job title requires to be paid 24K year then you can put anything between 37.5 - 40 hours a week.

Hope its clear :)
thanks for your clarification. yes its annual paid job and i am paid salary as specified in the Code of practice, but in the COS my employer put 40 hours instead of 37.5 hours that is why all this happened. thanks again.

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