Tier 2 Salary Issue

[adithi10]

Hi,

the company had advertised the job with a salary range from 35k to 45k. But when they applied for RCoS they had written as 34k and the sponsorship got approved.

If we apply visa for this salary will it get rejected. My husband says he read long back somewhere that the salary should be within the range they advertised else visa will be rejected.

He is not sure where he read it.

Just wanted to know if there is any such requirement.

Thanks

[ay]

Hi,

Logically, if the salary mentioned in the COS is above the SOC than I feel it should not be a problem. Negotiations over the salary while being offered a job can happen and this could be answer if queried.

Practically, I would ask the experts to express their opinion's and experience.

Regards

[moonlight55]

Section 28.22 from Sponsor Guidance states:

"28.22 The salary rate in your advertisement must be a true reflection of what you are prepared to pay and the rate you ultimately pay must be in line with the rate that was advertised. You can’t advertise at a low rate, for example the new starter rate and then offer a higher rate to a migrant to allow them to make a successful application. An example of this would be if you advertised a salary rate of £22,000-£25,000. You can only sponsor a migrant if the salary you state on their CoS is within that range. If you want to pay a higher salary, you must conduct the resident labour market test again, advertising at the higher rate as there may be settled workers who would apply for the job at the higher rate.".

The point status that you can ONLY sponsor a migrant if the salary you state on their CoS is within the range. However, they have given an example of a higher salary and not a lower one. Since its just an example, I would tend to agree that the salary should be within the adv. rate.

[ravisb_2014]

Hi Moonlight,
I have one query regarding Salary issue.
My new employer has given the advert correctly, but as some website provides the salary range and some provides only the fixed amount.
In Advert 1, they have put salary as £35,000-£35,000 and in Advert 2, it is as £35K+.
If they want to change it now by removing plus(+) sign from £35K+, i think it will take the start date as new date and then again need to wait for another 28 days to complete RLMT.
Will it cause any problem when they apply for CoS with salary as £35K (not £35K+) ?
Please clarify.