Tier2 General Extension

[saifmalik87]

Hi all,

I got my Tier 2 General visa in June2014 in SOC code 2124. My employer has issues me CoS in March 2017 and on CoS, they have put my current salary which is less than appropriate rate required for experienced workers. The start date on CoS is 27 May 2017 and I will get pay review in April 2017.
1- If I put my new payslip with new salary and letter from my employer saying that your salary has been increased to XYZ GBP(meeting HO requirements) with current CoS, is it going to be refused because they put old salary on CoS?
2- If I get refusal because of Question1 then do they deduct all my visa fees or just the admin fee?
3- My job is not in shortage occupations list but they put Yes on my CoS, again is this going to be an issue or can I put a letter saying that it was a mistake from them?
4- Would I get punishment as in form of losing ky application fees because of mistakes from my employer on CoS?

I have read HO documents and nowhere I could find that my new salary needs to be at appropriate rate at time of application but I and 2 solicitors I spoke to said that technically it should be from start date on your CoS which is 27 May 2017 and I am planning to submit the application end of April 2017.

Thank you in advanced guys


Thank you

[srsw]

It will be clear if you mention your working hours (37 or 38 or 39 or 40 per week?) and the salary that was mentioned on the new CoS.

[saifmalik87]

Hi,
The salary was put as £28,088 on the Cos abd working hours are 36.5/week

[srsw]

Hi all,

I got my Tier 2 General visa in June2014 in SOC code 2124. My employer has issues me CoS in March 2017 and on CoS, they have put my current salary which is less than appropriate rate required for experienced workers. The start date on CoS is 27 May 2017 and I will get pay review in April 2017.
1- If I put my new payslip with new salary and letter from my employer saying that your salary has been increased to XYZ GBP(meeting HO requirements) with current CoS, is it going to be refused because they put old salary on CoS?
2- If I get refusal because of Question1 then do they deduct all my visa fees or just the admin fee?
3- My job is not in shortage occupations list but they put Yes on my CoS, again is this going to be an issue or can I put a letter saying that it was a mistake from them?
4- Would I get punishment as in form of losing ky application fees because of mistakes from my employer on CoS?

I have read HO documents and nowhere I could find that my new salary needs to be at appropriate rate at time of application but I and 2 solicitors I spoke to said that technically it should be from start date on your CoS which is 27 May 2017 and I am planning to submit the application end of April 2017.

Thank you

SOC code 2124 Experienced salary is £31,300 for 39 hrs/week, so for 36.5 hrs it must be a minimum of £29,294.

Given there are multiple issues with your new COS, i.e not meeting minimum salary criteria and inaccurate info about shortage occupation list, why don't you ask your employer to cancel that COS and get a new one in April/May and you apply for extension at that time?

I believe your employer may be able to rectify the shortage occupation mistake by editing the existing COS via SMS system or by adding comments there, however, your salary details cannot be changed on the COS as your salary review won't happen until April.

Yes, you will lose all your visa fee if your application is rejected irrespective of the mistake of you/your employer.

[ShrutiBlue]

You could ask your employer to add sponsor notes in these sections mentioning the error and what it really should be. My boss entered the wrong number of working hours for me the first time and then next time during the extension he put in the wrong salary. Sponsor notes worked both times.

[saifmalik87]

Thank you very much for your reply. If my employer withdraws/cancels existing CoS? Would they get refund and do they need to pay additional £3,000 for Immigration Skills Charge?

[srsw]

Thank you very much for your reply. If my employer withdraws/cancels existing CoS? Would they get refund and do they need to pay additional £3,000 for Immigration Skills Charge?

Hmm.. that's an interesting one. The CoS doesn't cost much to employer (<£200 I believe), however, from this month the skills charge is new addition. So, if you cancel n get a new CoS then £3000 extra for employer.

You need to decide which option is better for u n ur employer. Also, once CoS is issued i believe you need to apply before certain period. Main thing is to ensure u meet salary requirements. Additional cost to you or your employer is secondary. That should drive your decision.

[saifmalik87]

Thank you for your useful replies. I checked with solicitor and myself we shouldn't need to pay extra £3,000 but what about the £199 do we need to pay again or we get refund if cancel/withdraw? Thanks

[srsw]

The updated changes specify that the charge will not apply to non-EEA nationals, sponsored via the Tier 2 immigration route before 6 April, 2017 and who apply from within the UK to extend their Tier 2 stay with either the same or a different sponsor.

So on above basis, i guess your employer doesn't have to incur £3000 costs.
No idea about CoS refund, sorry. If your employer withdraw then they get the CoS back i guess, but not sure about refund. Cheers.