Tier 2 Employer Sponsored- Rejected - Salary Vs Weekly Hours

[SeetharamaR]

Hi,
My Tier 2 application is rejected because while applying CoS mine was mentioned as 40 hour week where as the salary mentioned in CoS will be considered by UKBA only if it is 37.5 hour week. HR admin was new to the process and had not paid attention to the weekly hours specification while applying for my CoS.
I have been provided an option to appeal.To support my appeal can any one guide which of the following two options would help.
1. Increase the salary to meet 40 hours week specification or
2. mention my working hours to 37.5 hours week so that it would match UKBA's salary requirement.

Your guidance is much appreciated.

Many thanks,
Seetharama.

[JS28]

Hi,
My Tier 2 application is rejected because while applying CoS mine was mentioned as 40 hour week where as the salary mentioned in CoS will be considered by UKBA only if it is 37.5 hour week. HR admin was new to the process and had not paid attention to the weekly hours specification while applying for my CoS.
I have been provided an option to appeal.To support my appeal can any one guide which of the following two options would help.
1. Increase the salary to meet 40 hours week specification or
2. Decrease my working hours to 37.5 hours week so that it would match UKBA's salary requirement.

Your guidance is much appreciated.

Many thanks,
Seetharama.

Hi,

Isnt it 30 hours a week as a min? So if someone is doing 37, will this not be accepted?

Can anyone help please?

[SeetharamaR]

Hi,
Not sure about min hours but those hours should match UKBA's set salary amount. Please have a look at this Appendix J.It might help.

http://www.ukba.homeoffice.gov.uk/polic ... appendixj/

Thanks,
Seetharama.

[JS28]

Hi,
Not sure about min hours but those hours should match UKBA's set salary amount. Please have a look at this Appendix J.It might help.

http://www.ukba.homeoffice.gov.uk/polic ... appendixj/

Thanks,
Seetharama.

Hi Seetharama,

I spoke to the UKBA earlier and they were saying something like calculating the hours to pay? Do you know how to do that?

Thanks

[SeetharamaR]

It could be like this. Let us say, If UKBA's salary specification for an "Engineer" is 20K for a 37.5 hrs week and if your company's general working hours are 40 hours a week and if you are paid 20 k for "Engineers" role that would not match UKBA's requirement. It has to be £21,332.

[JS28]

It could be like this. Let us say, If UKBA's salary specification for an "Engineer" is 20K for a 37.5 hrs week and if your company's general working hours are 40 hours a week and if you are paid 20 k for "Engineers" role that would not match UKBA's requirement. It has to be £21,332.

HI Seetharamar,

Thank you for replying. I am on a salary 23,996 annually. How will I calculate this for 37 hrs? I am applyinf as 2312 code FE teacher.

Thanks

[Agastya80]

It could be like this. Let us say, If UKBA's salary specification for an "Engineer" is 20K for a 37.5 hrs week and if your company's general working hours are 40 hours a week and if you are paid 20 k for "Engineers" role that would not match UKBA's requirement. It has to be £21,332.

HI Seetharamar,

Thank you for replying. I am on a salary 23,996 annually. How will I calculate this for 37 hrs? I am applyinf as 2312 code FE teacher.

Thanks

Hi try this...

23996/52/37.5 = 12.305641 per hour

[JS28]

It could be like this. Let us say, If UKBA's salary specification for an "Engineer" is 20K for a 37.5 hrs week and if your company's general working hours are 40 hours a week and if you are paid 20 k for "Engineers" role that would not match UKBA's requirement. It has to be £21,332.

HI Seetharamar,

Thank you for replying. I am on a salary 23,996 annually. How will I calculate this for 37 hrs? I am applyinf as 2312 code FE teacher.

Thanks

Hi try this...

23996/52/37.5 = 12.305641 per hour

Hi,

What do I multiply the 12.305641 with? do i have to make sure that it is above the minimum for qualified?

Thanks

[Agastya80]

It could be like this. Let us say, If UKBA's salary specification for an "Engineer" is 20K for a 37.5 hrs week and if your company's general working hours are 40 hours a week and if you are paid 20 k for "Engineers" role that would not match UKBA's requirement. It has to be £21,332.

HI Seetharamar,

Thank you for replying. I am on a salary 23,996 annually. How will I calculate this for 37 hrs? I am applyinf as 2312 code FE teacher.

Thanks

Hi try this...

23996/52/37.5 = 12.305641 per hour

Hi,

What do I multiply the 12.305641 with? do i have to make sure that it is above the minimum for qualified?

Thanks

yes, just make sure that it is atleast at the same level as required by your SOC code. if your soc code requires you to work 37 hours then multiply it with 37...but in most cases it is 37.5hrs....please check your soc code guidance....

[JS28]

HI Seetharamar,

Thank you for replying. I am on a salary 23,996 annually. How will I calculate this for 37 hrs? I am applyinf as 2312 code FE teacher.

Thanks

Hi try this...

23996/52/37.5 = 12.305641 per hour

Hi,

What do I multiply the 12.305641 with? do i have to make sure that it is above the minimum for qualified?

Thanks

yes, just make sure that it is atleast at the same level as required by your SOC code. if your soc code requires you to work 37 hours then multiply it with 37...but in most cases it is 37.5hrs....please check your soc code guidance....

My SOC code is 2312 and this is what it says:

Appropriate salary rates are based on a 371⁄2 hour working week, unless otherwise stated. This can be considered as working during term time only where appropriate. Salaries should be pro-rated for other working patterns.

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

The min says 18,030 for unqualified.

Can you please help me if this is correct?

[Agastya80]

if your salary is higher than required for the soc code then i think you are going to be ok

[JS28]

if your salary is higher than required for the soc code then i think you are going to be ok

I multiplied 12.305641 per hour with 37 and then with 52 =£23,676

which is greater than the salary of qualified and unqualified teachers.

[The Station Agent]

If your appeal is based on you making stuff up then it will fail. You seem to be making your salary up. The SOC code for your job will have a minimum salary in the Code of Practice which the employer (sponsor) must check before issuing your CoS. If they didn't do so then that's where the problem was. Retrospectively telling them you only work 37 hours instead of 40 seems a weak basis for an appeal. If your original application contained an error not of the UKBA's making then I think the decision to refuse will be upheld. The employer could issue a new CoS but they have to make sure that your salary and working hours equate to a pay rate that meets the code of practice.

[SeetharamaR]

Hi, Thanks for your reply.I understand what you are saying.Even though I work 40 hours,The breaks are unpaid so I work only 37.5 hours but the HR admin did not pay attention to this while applying for CoS.
In case if the company issues new CoS I will have to file a new application right?But it is mentioned in the decision letter that all the new application should be filed before the current leave expires.

regards.

[Bicgatepc02]

Thats very well done mate. Congratulations..










__________________________________________________________
ZOPO Android mobile phones ZOPO ZP900 Leader Android 4.0 Phone ZOPO ZP900S Leader Android 4.0 Smart Phone