Salary on defined COS if decision is made after 4th April

[HarisM]

Dear All,

If the defined COS is applied before April'24 changes (e.g. Salary 27K) and COS is issued after April'24 changes, would the applicant be able to apply with the old salary as the COS application was made earlier?
Also, I have noticed that some employers (take away type of business) are getting defined COS approved quickly and haven't got any delays like most of the employers, what is the Home Office's criteria here?

[Alishahzad]

If the Certificate of Sponsorship (COS) is issued after April 4th with the old salary threshold, it cannot be used for the visa application as the new salary threshold of £38,700 or according to the Immigration Salary List (ISL) would apply.

[Frontier Mole]

The date of the COS assignment sets the rules. So if it is issued on or after 4th April the new salary threshold would have to be met.
If the DCOS was granted with a lesser salary it would not in itself be invalid however the new threshold would still have to be met. The sponsor would have to update the salary to meet the new threshold.

[Legend1]

The date of the COS assignment sets the rules. So if it is issued on or after 4th April the new salary threshold would have to be met.
If the DCOS was granted with a lesser salary it would not in itself be invalid however the new threshold would still have to be met. The sponsor would have to update the salary to meet the new threshold.

What about “ if the DCoS is applied for a person who is under 26 age , for instance if his Defined allocation allowed after 4th April 2024 can a person be offered the job as a new entrant in order for the employer to be able to hire him somewhere 31K which was initially on 26.5 K. As 38.7k is well above the what employer initially intended to offer the job for” ? Or
Will the employer have to request another DCoS after 4th April 24, for the new entrant to avoid 38.7 ?
TIA

[ia786]

So basically it is hard luck for anyone whose sponsor applied for a DCOS back in Jan 2024 but gets it after April 4th, through no fault of theirs ? This will leave a whole bunch of people on the wrong side of Apr 4th.
I assumed in the interest of fairness, the date of application of the DCOS would be the determining factor for the cutoff before the new rules apply. Would appreciate if someone could provide a link to this statement
so I can confirm and numb myself until Apr 4th.

[Frontier Mole]

https://assets.publishing.service.gov.u ... sible_.pdf

17 pages to wade through - the only parts that matter to your questions are the retention of new entrant and the fact that the threshold is being increased.
Does it specifically mention DCOS or COS assignment setting the date for consideration - no.
That will get published through the caseworker guidance on the date of change no doubt.
Previous convention has allowed COS assigned to the migrant prior to the change date to be considered under the old policy HOWEVER that did not happen for the dependent change to care workers.

[Frontier Mole]

Only sure guarantee to beat the new thresholds is to apply before 4th April 2024

[ia786]

Only sure guarantee to beat the new thresholds is to apply before 4th April 2024

Thanks for the link and explanation. I read on a post elsewhere that the HO had responded to a similar question that the case worker would determine that at the time of issuing the DCOS. That syncs in with what your understanding of the way it possibly could be handled. But as you say it would be best if one was able to have it assigned before April 4th. Lots of finger crossing for the next 17 days for sure.

[sryashm]

Has anyone received their DCoS this week?

[Jay090]

Has anyone received their DCoS this week?

Hi, when did you applied for your DCOS?

[sryashm]

17.01.2024

[HarisM]

Thank you everyone who responded on my query.

We have received the DCOS and were able to assign it well in time.

If anyone has COS or DCOS they must be assigned by 7pm on 2nd April as SMS system will go down for the new changes, any pending COD/DCOS request or unused DCOS/COS will be cancelled that time as Job codes are being changed.

A bit scary things as we have noticed that SMS System is already suffering and goes down frequently.

Best of luck to those who are waiting as HO will try to issue as max as they can (got an email).

Thanks

[Jay090]

Thank you everyone who responded on my query.

We have received the DCOS and were able to assign it well in time.

If anyone has COS or DCOS they must be assigned by 7pm on 2nd April as SMS system will go down for the new changes, any pending COD/DCOS request or unused DCOS/COS will be cancelled that time as Job codes are being changed.

A bit scary things as we have noticed that SMS System is already suffering and goes down frequently.

Best of luck to those who are waiting as HO will try to issue as max as they can (got an email).

Thanks

Congratulations. When did you apply for DCOS? Thanks

[HarisM]

The first one was applied on 18th-Jan and the second one was almost one month ago but both were issued at the same time.

[MR_Rk]

Hi Haris bhai, Can you please kindly explain me whether we can get cos now from tomorrow 9 am or not if yes threshold will be new right ?

[Frontier Mole]

Any COS assigned after 7pm on 2nd April 2024 will have to meet the new requirements.

[honey1234]

What if it's assigned before 7pm - 2April with old SOC 2010.
How would it affect visa application? Would the rule be same i.e. minimum salary £26,200?

[Frontier Mole]

As long as the COS was assigned before the cut off point the previous rules apply. If the rules in play for the job role meet the higher of the thresholds be it rate for the job, national living wage or £26,200 then it will be fine.
There are lower rates of pay for shortage occupations and new entrants so it all depends on the job role and other circumstances.

[honey1234]

Thanks Frontier Mole ,
How do you see below statement taken from home office website, keeping in mind i got my COS before april 2024 and applying for visa shortly . Please assist

"
If you got your certificate of sponsorship before 4 April 2024

There are lower salary requirements if either:

- you got your certificate of sponsorship for this visa application before 4 April 2024
- you got your certificate of sponsorship for your first Tier 2 or Skilled Worker visa before 4 April 2024 and have continually held one or more Skilled Worker visas since then
You can be paid whichever is higher of £29,000 or the lower going rate for your occupation if you make an application to:

apply to this visa
extend your visa
update your visa
change (‘switch’) to this visa
"

[Frontier Mole]

General statements from gov.uk are not a great place to gather the detail. You need to look at the law or the caseworker guidance for the detail.
https://assets.publishing.service.gov.u ... pdf#page31

[mdot]

I have a question regarding my eligibility for a Skilled Worker visa

I currently have a Certificate of Sponsorship (COS) that was assigned before April 4, 2024, but I have not yet applied for the visa.

I have read the caseworker guidance,however still left confused.

Could someone clarify whether I am eligible as my salary is £27,300 but now 28,400 (April payrise), the options F-J on the caseworker guide applies to me but these options were specific about £29,000 being the salary requirement and also the going rate for 20 points.

I qualify for the going rate on Table 2 but not for the £29,000

However, it appears the £26,100 threshold which applies to Transitional arrangement. Do I qualify for transitional arrangement or this is only for those that actually have the SWV already.

I would appreciate any insights or guidance on this matter.

Thank you.

[Frontier Mole]

What visa are you currently on? That will help determine the rate you could qualify for. If you are on a graduate visa you may qualify for the new entrant rate so that changes things.

[mdot]

Thank you for the response…I’m a student visa dependent

[mikiron]

Hi, is there anyone who was issued a CoS before 4 April 2024 who has applied yet?

I got my COS late March 2024 for a Skilled worker visa but I am getting confused with the new salary requirements. When I applied for my CoS the going rate was £26,400 but now the Standard rate is £41,500 and lower rate of £35,800.

Is there anyone who can explain to me what this means, do I apply for the old rate?

Regards

[Frontier Mole]

Thank you for the response…I’m a student visa dependent

You are not likely to qualify for new entrant salaries.
You will need to meet the salary threshold for your SOC as it was before the changes.