application after 6th april with old COS Urgent!!

sujnshrestha · Post by **sujnshrestha** » Wed Apr 03, 2013 1:41 pm

Hi! I will get COS from my company before 5th of april,
I wont have enough time to apply so application will reach
UKBA before 6th of april.

I am switching from tier 1 PSW to tier 2 general. Difference in the date is new rule applicable after 6th april required increased in salary so my question is what happens if i apply after 6th of april with COS issue before that. Will i success given all requirements are fulfilled for old rules, or will be rejected since application was lodged under new rule.

I have 2 days left so please advise.
Thanks

makky86 · Post by **makky86** » Wed Apr 03, 2013 1:42 pm

sujnshrestha wrote:Hi! I will get COS from my company before 5th of april,
I wont have enough time to apply so application will reach
UKBA before 6th of april.

I am switching from tier 1 PSW to tier 2 general. Difference in the date is new rule applicable after 6th april required increased in salary so my question is what happens if i apply after 6th of april with COS issue before that. Will i success given all requirements are fulfilled for old rules, or will be rejected since application was lodged under new rule.

I have 2 days left so please advise.
Thanks

If you apply after 6th April then new rules will apply regardless of when COS issued (My understanding).

superhulk · Post by **superhulk** » Wed Apr 03, 2013 2:28 pm

I am in same boat..

as per UKBA
http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf

These codes supersede all previous codes and the new system applies to all Tier 2 applications made by migrants using certificates of sponsorship assigned by sponsors on or after 6 April 2013, and all other applications made by migrants where the date of application is on or after 6 April 2013.

This statement is confusing bold part says if your certificate is generated after 5 th April then new codes apply for tier 2. For all other applications which need SOC (some parts of Tier 5, post-study workers switching to Tier 1 (Entrepreneur) and to work permit holders applying for settlement.) will have to use new codes if they are applying after 6th April.

Gurus correct me if I am wrong

sujnshrestha · Post by **sujnshrestha** » Wed Apr 03, 2013 2:35 pm

I tried calling them, their answer was annoying and simple, we don't have information on that so we dont know. Well if they dont know then who will.

Echoes · Post by **Echoes** » Wed Apr 03, 2013 2:37 pm

You can apply under old rules even after 6th of April as long as the CoS is assigned to you BEFORE 6th of April.

ramya80 · Post by **ramya80** » Wed Apr 03, 2013 9:26 pm

Your application will be considered based on old rules provided cos was assigned before 5th sppril. All the best

sujnshrestha · Post by **sujnshrestha** » Wed Apr 03, 2013 9:53 pm

Thanks a lot guys, I feel lot more confident now

tier2chefs · Post by **tier2chefs** » Thu Apr 11, 2013 3:42 pm

sujnshrestha wrote:Hi! I will get COS from my company before 5th of april,
I wont have enough time to apply so application will reach
UKBA before 6th of april.

I am switching from tier 1 PSW to tier 2 general. Difference in the date is new rule applicable after 6th april required increased in salary so my question is what happens if i apply after 6th of april with COS issue before that. Will i success given all requirements are fulfilled for old rules, or will be rejected since application was lodged under new rule.

I have 2 days left so please advise.
Thanks

https://www.gov.uk/government/uploads/s ... orkers.pdf

Page 10, Paragraph 1 states

"If a Sponsor assigns a Certificate of Sponsorship before 6th April 2013, the old Codes of Practice,
salary thresholds and advertising criteria will continue to apply. This is the case whether or not the
individual Tier 2 applicant makes their application before, on or after 6th April."

They will consider you application under old Salary Requirement.

Good Luck,
Regards,

SimiP · Post by **SimiP** » Mon Apr 15, 2013 9:28 am

Hi,

My visa got rejected due to inappropriate salary (28K for 37.5 hrs/week). My employer had 25K for 40hrs/week. I applied before 6th april 2013. Now, if a make a new application with new CoS will that be still evaluated under the old rules???

Also, I will have to use new SOC list???? and my SOC code will change too..
Will my application be considered under new rules???? Or will they still need my salary to be 28K with 37.5 working hrs???

justdopposite · Post by **justdopposite** » Mon Apr 15, 2013 11:15 am

@ simiP , its 39hrs per week as per new rules after April 6

SimiP · Post by **SimiP** » Mon Apr 15, 2013 11:49 am

Hi,

Thanks for ur reply...

I had emailed them regarding this...
Here's what they say " You would be classed as new entrant but your job would still not meet the required skill level".
What do they mean by this???

My SOC code as per new SOC list will be 2139 software tester. this is under NQF level 6....

Can anyone help with this???

justdopposite · Post by **justdopposite** » Tue Apr 16, 2013 1:50 pm

Did u put the Job description correctly for the SOC code 2139 ?, below is what i found from the old soc codes before April 06 for Test Analyst.

Responsible for testing the functionality of systems. This
would involve testing that the business and technical functions work as specified. In order to achieve this it may be necessary to set up business models, databases, volume input / output and simulated maximum transaction rates. It may also be necessary to simulate system failures in order to assess system resilience.

SimiP · Post by **SimiP** » Wed Apr 17, 2013 8:51 am

I am not quite sure what u mean.

I used 2132, test analyst (as per old list) which got rejected due to inappropriate salary....

I am now planning to make a new application and will be using 2139,software tester (new entrant).....will that be OK????

Am i using the correct code as per new rules???

justdopposite · Post by **justdopposite** » Wed Apr 17, 2013 11:59 am

Hi

What I'm trying to say is that there is no job description nor job title specific for Test Analyst role in the new SOC list, although we had it the old version.

So it is vital to ensure you put the correct job description when you apply for a COS reference fro code 2139, regardless of whether your new entrant or experienced.

SimiP · Post by **SimiP** » Wed Apr 17, 2013 12:28 pm

That's true!!!

In the old list, there was just one category for software testers i.e Test Analyst (2132). Now in the new list they have added some more for testing professionals as well....

but again, I am not sure if this will be ohk. Can anyone please help to find the correct code for me!!! I contacted UKBA and they said they cannot provide any info on this.... will try to get them again!!!!

justdopposite · Post by **justdopposite** » Wed Apr 17, 2013 2:59 pm

2139 is just fine mate as it includes software tester as related job titles. see below

SOC 2010 Description
2139 Information technology and telecommunications
Example job tasks:
 undertakes the testing of software, systems or computer games for errors, identifies source of
problems and proposes solutions;
 develops, implements and documents test plans for IT software, systems and computer games;
 develops quality standards and validation techniques;
 makes recommendations concerning software/system quality;
 examines IT system for potential threats to its security and integrity and draws up plans for
disaster recovery if security is compromised;
 deals with and reports on breaches in security.
Related job titles:
 IT consultant
 Quality analyst (computing)
 Software tester
 Systems tester (computing)
 Telecommunications planner
Salary rates: New entrant: £20,300* / Experienced: £28,400

SimiP · Post by **SimiP** » Wed Apr 17, 2013 5:26 pm

hi,

thanks for your reply...can you help me with this... I had emailed UKBA regarding this and here's what she says " You would be classed as new entrant but your job would still not meet the required skill level".

What does this mean??? My job is at NQF level6 then why will i not meet the required skill level??

SUJITH · Post by **SUJITH** » Thu Jul 03, 2014 4:28 pm

sujnshrestha wrote:Thanks a lot guys, I feel lot more confident now

have you got visa.i have the same issue.

SUJITH · Post by **SUJITH** » Thu Jul 03, 2014 5:01 pm

Hi,

I applied for tier 2 general on 28 May 2014 and my COS was issued on 17th march 2014.At the time of issuing COS,the mentioned salary was 21700 per annum for a 39 hour working week as per ukba.In my application i mentioned my salary as 21700.(From 6th April 2014 new salary was introduced and it was 22000 per annum for 39 hour working week).

My application was refused on 24 June 2014 due to the salary misatch.The home office claims that i havent met minimum salary of 22000 per annum but at the time when the cos was issued the salary was 21700.

I want to know that the ukba decision was correct or not.Also I want to know,which salary is applicable.
Will they consider salary in cos or salary at the time of application( after 6 April).
Please help ,,,,

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application after 6th april with old COS Urgent!!

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