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How old are you? You have not stated this in either of the posts you have made.
Then you are a new entrant under normal circumstances if your CoS is for 3 years as far as I understand.
Checking the salary is at the appropriate rate for the job
The certificate of sponsorship (CoS) must confirm that the applicant will be paid at or
above the appropriate rate for the job. You can check this is appropriate from the
relevant code of practice for the occupation.
Where a CoS is assigned which would mean the applicant’s total stay in Tier 2 (plus
any time as a work permit holder) would be longer than 3 years and 1 month, the
salary shown on the CoS must be at least the ‘experienced’ rate of pay. For
example, if the sponsor assigns a 5 year CoS with the ‘new entrant’ rate of pay, it will
not meet the minimum requirements of the rules and the applicant must be refused.
swagh1611 wrote: ↑Thu Sep 13, 2018 10:03 amOn 10th July I submitted an online application for Tier 2 General 5 year visa route using unrestricted COS as I am currently in UK on Tier 4 Visa. The SOC code mentioned in the COS is 2136. The salary mentioned in the COS was 32,500 pounds for 40 hrs-week. The salary threshold for SOC code 2136 is 32k pounds (as for 5 year visa experienced rate is considered). Neither my employer was aware nor did I that the salary mentioned in the Appendix J is for 39 hrs-week. And hence when 32,500 is equated to 39hr-week it comes around 31,687.50 pounds. Hence my application was refused.
I have couple of questions now.
1) Will going for admin review help me in my case (which I think will not)? No.
2) My tier 4 visa expires on 31st October 2018, can I apply again with new unrestricted COS and with new salary? Yes. So urge your employer do so as soon as possible.
Thanks.