Switch from PSW to Tier 2 GENERAL - Salary calculation

[Bobby234]

Hello,
Swtiching from PSW To tier 2 general
My company recently assigned COS for me. My job role is Analyst and I am getting paid 31,300 P.A (working for 38 hours per/week). My role is matching to System Analyst (SOC Code 2132). The minimum salary for the system analyst role is 31,200 P.A. My company mentioned 38 hours(total working hours) per week in COS letter. How do they will calculate the minimum salary or will my salary meets the required criteria? please help me as I need to apply my visa soon. Thanks.

[makky86]

Hello,
Swtiching from PSW To tier 2 general
My company recently assigned COS for me. My job role is Analyst and I am getting paid 31,300 P.A (working for 38 hours per/week). My role is matching to System Analyst (SOC Code 2132). The minimum salary for the system analyst role is 31,200 P.A. My company mentioned 38 hours(total working hours) per week in COS letter. How do they will calculate the minimum salary or will my salary meets the required criteria? please help me as I need to apply my visa soon. Thanks.

Minimum Salary Requirement for Analyst

£31200 / Year , Based on 37.5 Hours /week

£31200 / 52 (weeks) = £600 / Week

£600 / 37.5 = £16



Your situation :
£31300 / Year , Based on 38 hours

£31300 / 52 (weeks) = £ 601.923

£601.923 / 38 = £15.84



So your salary is £15.84 / hour.

Now UKBA will multiply that by 37.50

15.84 * 37.50 * 52 =30888

So your Annual Salary is £30888 which is less than minimum required salary.

If you apply with that you will be refused straight away.

[Bobby234]

Hello,
Swtiching from PSW To tier 2 general
My company recently assigned COS for me. My job role is Analyst and I am getting paid 31,300 P.A (working for 38 hours per/week). My role is matching to System Analyst (SOC Code 2132). The minimum salary for the system analyst role is 31,200 P.A. My company mentioned 38 hours(total working hours) per week in COS letter. How do they will calculate the minimum salary or will my salary meets the required criteria? please help me as I need to apply my visa soon. Thanks.

Minimum Salary Requirement for Analyst

£31200 / Year , Based on 37.5 Hours /week

£31200 / 52 (weeks) = £600 / Week

£600 / 37.5 = £16



Your situation :
£31300 / Year , Based on 38 hours

£31300 / 52 (weeks) = £ 601.923

£601.923 / 38 = £15.84



So your salary is £15.84 / hour.

Now UKBA will multiply that by 37.50

15.84 * 37.50 * 52 =30888

So your Annual Salary is £30888 which is less than minimum required salary.

If you apply with that you will be refused straight away.

Thank you for detail analysis. even I feel the samething. So Can my company amend the details in the existing COS or do they need to issue new COS. or any other way to overcome it.

[makky86]

Hello,
Swtiching from PSW To tier 2 general
My company recently assigned COS for me. My job role is Analyst and I am getting paid 31,300 P.A (working for 38 hours per/week). My role is matching to System Analyst (SOC Code 2132). The minimum salary for the system analyst role is 31,200 P.A. My company mentioned 38 hours(total working hours) per week in COS letter. How do they will calculate the minimum salary or will my salary meets the required criteria? please help me as I need to apply my visa soon. Thanks.

Minimum Salary Requirement for Analyst

£31200 / Year , Based on 37.5 Hours /week

£31200 / 52 (weeks) = £600 / Week

£600 / 37.5 = £16



Your situation :
£31300 / Year , Based on 38 hours

£31300 / 52 (weeks) = £ 601.923

£601.923 / 38 = £15.84



So your salary is £15.84 / hour.

Now UKBA will multiply that by 37.50

15.84 * 37.50 * 52 =30888

So your Annual Salary is £30888 which is less than minimum required salary.

If you apply with that you will be refused straight away.

Thank you for detail analysis. even I feel the samething. So Can my company amend the details in the existing COS or do they need to issue new COS. or any other way to overcome it.

I am not sure if they can amend the Certificate once its Assigned.

Ask your employ to increase salary by £1200 and give you another COS if they cannot amend the Certificate.

[manci]

You will need a new CoS because amendments to an unused CoS are only allowed if they don't affect the decision.

On SOC code 2132 and a 38 hour week the min. salary would be:

31200 * 38/37.5 = 31616

In the new CoS your employer should either increase your annual salary to at least this figure or keep your salary at £31300 but reduce the hours to 37.5.

[confused007]

I have a little doubt here...

My basic salary is 42000 GBP per annum and Billable uplift:4000 GBP per annum (2.13 GBP per hour) paid monthly. and we have 40 hrs per week.

So my gross salary is going to be 46000 GBP.

My soc code is similar to Senior systems analyst.

What would be my rate per day..Will they take 46000 GBP to calculate or 42000 GBP?

Regards,
Confused.......

[Bobby234]

You will need a new CoS because amendments to an unused CoS are only allowed if they don't affect the decision.

On SOC code 2132 and a 38 hour week the min. salary would be:

31200 * 38/37.5 = 31616

In the new CoS your employer should either increase your annual salary to at least this figure or keep your salary at £31300 but reduce the hours to 37.5.

Thanks Manci. I will speak with my HR on it. Thanks, Bobby

[confused007]

I have a little doubt here...

My basic salary is 42000 GBP per annum and Billable uplift:4000 GBP per annum (2.13 GBP per hour) paid monthly. and we have 40 hrs per week.

So my gross salary is going to be 46000 GBP.

My soc code is similar to Senior systems analyst.

What would be my rate per day..Will they take 46000 GBP to calculate or 42000 GBP?

Regards,
Confused.......

Guys,
Anybody's take on this?

[Bobby234]

You will need a new CoS because amendments to an unused CoS are only allowed if they don't affect the decision.

On SOC code 2132 and a 38 hour week the min. salary would be:

31200 * 38/37.5 = 31616

In the new CoS your employer should either increase your annual salary to at least this figure or keep your salary at £31300 but reduce the hours to 37.5.

Thanks Manci. I will speak with my HR on it. Thanks, Bobby

Thanks one more doubt, does 28 days rule will apply for PSW TO TIER 2 general (switch)?

[manci]

one more doubt, does 28 days rule will apply for PSW TO TIER 2 general (switch)?

Yes, you must apply within 28 days of the expiry of your visa. However, if you can, you should apply before your PSW visa expires because you will not get a right of appeal if you apply within the 28 day window and the application is refused.

[Bobby234]

one more doubt, does 28 days rule will apply for PSW TO TIER 2 general (switch)?

Yes, you must apply within 28 days of the expiry of your visa. However, if you can, you should apply before your PSW visa expires because you will not get a right of appeal if you apply within the 28 day window and the application is refused.

Thanks. From the above, my understanding is that i can apply even before the my leave expires only thing I can't appeal in case my application gets rejected. Right??

[manci]

[Thanks. From the above, my understanding is that i can apply even before the my leave expires

correct

only thing I can't appeal in case my application gets rejected.

you cannot appeal if you made your application within the 28 days window after expiry of your current leave and the application is refused

[confused007]

[Thanks. From the above, my understanding is that i can apply even before the my leave expires

correct

only thing I can't appeal in case my application gets rejected.

you cannot appeal if you made your application within the 28 days window after expiry of your current leave and the application is refused

Manci..i would be obliged if you could comment on my confusion....
Thanks in advance

[manci]

I need one suggestion from you. My visa is expiring on 26 jan 2013. I got a few problems with my Cos. my hr is on leave and will come back on 2 jan. I need to talk with her and issue a new cos letter.

A CoS is not a letter but an electronically generated number that your HR lady will obtain when she assigns the CoS to you through the SMS. However, you should check that the company has a CoS allocation available for you, if they don't there will be a problem.

It will take at least one week to sort out.

I am thinking I will go for one day appointment in 2nd week of jan. will my application will be refused?

The application will only be refused if it does not meet the requirements. You can make a PEO appointment right up to 26 Jan.

How do 28 day period is calculated.thanks,

If you don't manage to apply on or before 26 Jan, either by post or in person and for whatever reason, you can apply during the 28 calendar day period counted from 26 Jan

[Jeeves]

Based on my reading of the Immigration Rules (Appendix A), any applications submitted in that 28 day 'grace' period would no longer benefit from the exemption from the requirement to advertise the post.

[manci]

Based on my reading of the Immigration Rules (Appendix A), any applications submitted in that 28 day 'grace' period would no longer benefit from the exemption from the requirement to advertise the post.

that is correct - it is also in para 89 of the T2 policy guidance.

Bobby - if for whetever reason you cannot apply before 26 Jan ask HR to do a RLMT. It takes 28 days and there is still time to do it as your extended deadline is 22 Feb.

[confused007]

I have a little doubt here...

My basic salary is 42000 GBP per annum and Billable uplift:4000 GBP per annum (2.13 GBP per hour) paid monthly. and we have 40 hrs per week.

So my gross salary is going to be 46000 GBP.

My soc code is similar to Senior systems analyst.

What would be my rate per day..Will they take 46000 GBP to calculate or 42000 GBP?

Regards,
Confused.......

Hi.
I Would be really obliged if somebody can answer this..
Regards,
Really Confused now.....

[manci]

What you call "billable uplift" can only be considered as part of your salary if it complies with the UKBA guidance.
See para 244 of the T2 sponsor guidance:

The salary must comprise of:
I. basic pay; plus
II. guaranteed bonuses; plus
III. allowances such as London weighting or accommodation allowances which would also be paid to a settled worker in similar circumstances.
It must not include other benefits such as overtime, bonus or incentive pay which is not guaranteed, employer pension contributions or allowances to cover business expenses including travel to and from the migrant‟s country of residence or home country.

It is the employer's responsibility to certifiy to UKBA what the job SOC code is and how much they will be paying you.

For senior systems analysts (SOC code 2132) the min. salary is £41,600 for a 37½ hour week which, when pro-rated to 40 hours, gives £44,374 as the min. you must have

[confused007]

What you call "billable uplift" can only be considered as part of your salary if it complies with the UKBA guidance.
See para 244 of the T2 sponsor guidance:

The salary must comprise of:
I. basic pay; plus
II. guaranteed bonuses; plus
III. allowances such as London weighting or accommodation allowances which would also be paid to a settled worker in similar circumstances.
It must not include other benefits such as overtime, bonus or incentive pay which is not guaranteed, employer pension contributions or allowances to cover business expenses including travel to and from the migrant‟s country of residence or home country.

It is the employer's responsibility to certifiy to UKBA what the job SOC code is and how much they will be paying you.

For senior systems analysts (SOC code 2132) the min. salary is £41,600 for a 37½ hour week which, when pro-rated to 40 hours, gives £44,374 as the min. you must have

Thanks A bunch Manci for this..
Now another doubt :S..
I do get paid monthly this billable factor and I do pay tax over it..can this be counted..?
in the COS my HR has put ERP consultant and with desc as design and implementation of functional processes using system and maintenance..
so i may fall under senior systems analyst or system analyst...maybe its caseworkers call :S...
i should have told my hr to make it erp analyst..but i thought role name doesnt matter as long as desc is appropriate...

Thanks again..

Regards,
Confused

[jeevajoy]

hello there
i'm in a same situation. i'm switching from psw to tier2. my annual salary is 25,000 and applied cos as Programmer for 35 hours.
the minimum salary for Programmer is 26000.

ie., 25000/52 =480.76/week
480.76/35 =13.73

if i calculate my salary for 37.5 hours/week,
then my salary is ie, 13.73*37.5*=26773

is this ok?

confused.

[manci]

37.5/35.0*25000 = 26785 > 26000 ok

[jeevajoy]

Hi manci,

Thanks.You are the only one who gave positive reply.
Also one more question is it possibe to amend the Salary in COS.
Becuase i'm getting Review this month? and apply with new salary.

[manci]

no, once CoS is assigned the salary cannot be changed. If ithe salary was entered as £25k for 35 hours/week why would you want to have it changed anyway?

[jeevajoy]

just in case if salary is not pro rated.
i think i should not panic.

[narenz]

My HR has used 40 hours instead of 37.5 hours in my UCOS. Even with 37.5 pro rated salary I am way above the minimum requirement . Would this cause me any issues . Please reply very urgent as I am going to apply my visa soon.. Thanks in advance.