Tier 2 restricted cos requested rejected

[smodi]

Hi Gurus,

UKBA have refused our request for Tier 2 restricted cos on the basis that the salary that we put on the cos request was higher then the salary that we advertised on the job advert.

Reason for not awarding points:

In support of you application you have provided copies of advertisements placed with agencies. The salary quoted in both these advertisements is 40k-14k per annum. However, the salary quoted on your application for a cos is 41520.

Paragraph 26.6 of the sponsor guidance states that "Mirgrant must be paid in thline with the rate that was advertised." Therefore as the salary being paid to your employee is higher than the rate advertised, this requirements of the guidance has not been met.

---End of UKBA message----------

When we put the job advert my HR included any sure benefits provided to me and thus she put the value to 41520 but when she was advertising she put the amount without benefits.

Please can you guys help me with this, what we should do now. Should we advertise a new job with 41520 (40k to 40K) and then put the cos or should we put another cos straight with salary excluding benefits.

Thank you in advance.

[smodi]

Manci your valuable feedback required.

[manci]

The reason for UKBA's rejection was that had the higher salary appeared in the advert there may have been suitable candidates from the settled workforce.

There are two options for the company, they and you will have to decide which one to choose:

1. re-apply for a restricted CoS with the salary stated in the advert (provided it is at least the minimum for the job SOC code).

2. do another RLMT with the higher salary

[smodi]

Thank you Manci, Do you think that if we apply for another cos request on the basis of old job advert with reducing the salary to match job advert, UKBA will suspect that we have reduced the salary (in cos request) to match job ad and it will not make negative impression.

Regards smodi

[manci]

this is not about impressions - If UKBA carry out an inspection at your sponsor and they find that your payslips show a higher salary from what was stated in the application for the restricted CoS then their sponsor licence may be downgraded, suspended or revoked.