Home office - Additional Information Form 07-23 v1.0 for DCoS application

[Almualim91]

Hi there,

Yesterday we got rejection for our application for D-CoS.
The HM gave us a decision after 54 days since we applied. We applied on 04 Jan 2024 and yesterday 27 Feb 2024 we received their decision.

The potential employee that we would like to hire is our first employee we hire from abroad, we operate in the sports marketing and consulting field, the potential employee is working in this field since 10 years and he got Master degree from Glasgow University 3 years ago, so he meets the Language requirements.

We would like to hire the employee as: Marketing Executive
With SOC: 3543 Marketing associate professionals, and the going rate for this job is £23,600 per year, we applied for him with salary of £25,000 per year and 40 hours per week.

We got a letter of rejection with the following details:

—————————————————————————————————————

Your application detailed below has been rejected.
Date of application: 04/01/2024
DCoS URN: —————————
Job: Marketing Executive x 1
SOC: 3543 Marketing associate professionals
Salary: £25,000.00 per year
Hours: 40 hours per week

Reason for Decision: No tradeable points/ Salary does not meet Option A

Paragraph SK12.11
If you have not identified a particular worker at the time you apply for a
Defined CoS, you cannot assume the worker you eventually assign it to will be
eligible for tradeable points under Options B (relevant PhD), C (relevant PhD
in a STEM subject), or E (new entrant), unless you can provide a clear
justification for this, for example:
• in the case of Option B, that the job requires the successful candidate to
have a relevant PhD
• in the case of Option C, that the job requires the successful candidate to
have a relevant PhD in a STEM subject

• in the case of Option E, that the job is in a specified occupation code or is a
regulated profession and the worker will be working towards a recognised
professional qualification in that profession
Paragraph SK12.12.
You can include this additional information in the ‘Summary of job description’
text box. If you cannot provide a satisfactory justification, the salary you enter
on the CoS must be eligible for points under Option A.
Paragraph SK6.4.
An applicant can score 20 points under this option if:
• they are being sponsored for a job in an appropriate eligible occupation code listed
in Table 1 of Appendix Skilled Occupations; and
• their salary is equal to or exceeds all of:
- £26,200 per year
- the going rate for the relevant occupation code; and
- £10.75 per hour
Reason: Your application does not include the tradeable points option and the stated
salary fails to meet the criteria under option A. The general threshold for option A is
£26,200 per year and the salary stated £25,000 per year falls short of this.
Therefore, based on the above and in accordance with Sponsor-a-Skilled-Worker-07-
23_v1.0___.pdf (publishing.service.gov.uk) your application has been rejected.

—————————————————————————————————————


So in our case, if we reapplied again for the CoS with higher salary above than £26,200 per year with the same Hours of working

Would we get the approval from HM?

Shall we apply for new CoS or we can apply CoS based on previous application?

Thank you in advance for your valuable time and your useful ideas and advices.

Regards

[Frontier Mole]

You need to apply for a new DCOS
Under the SOC for the role the hourly rate must be at least £12.10 and achieve the minimum of the salary threshold of £26,200.

If you end up waiting the same length of time again by the time you get the DCOS the new threshold salary will be in place. That will be £38,500.

[Almualim91]

-

[Almualim91]

You need to apply for a new DCOS
Under the SOC for the role the hourly rate must be at least £12.10 and achieve the minimum of the salary threshold of £26,200.

If you end up waiting the same length of time again by the time you get the DCOS the new threshold salary will be in place. That will be £38,500.

Thanks mate for your reply, so we don’t need to reapply based on previous DCoS?

Regarding the new threshold, if we apply today with salary of £27,500 per year for example, and we end up waiting the decision from HO until 1 April, so then most likely our application will be rejected? Due to the new threshold £38,500?

So what is your suggestion mate?

[Frontier Mole]

The application for a DCOS does not set the guidance in play at the date of COS assignment. The assignment of the DCOS sets the guidance in play. So if you can’t assign the COS before the salary threshold change then you have to meet the guidance in place at the assignment date.

You can still apply for the DCOS with the increased salary and hope it gets approved in time for it to be assigned. Even if you assign the COS just one day before the deadline for the increased threshold the current rules will be in play even if the visa application takes place after the change date.

It is fingers crossed and hope for a quicker DCOS response.

[Almualim91]

Hi there,

we applied on the 8th of April an application for DCoS to hire employee from abroad.

Our first application were rejected on 27th February due to not meting the salary threshold
and we applied then on 29th February and then the application was cancelled by the Home Office on 4th of April.

We applied again on the 8th of April and today we received an email from the Home Office which I found it very strange requiring from us to fill in a form for additional information about the job description and nature of our work, regardless we believe that we provided all necessary information.

Here is the email that we received:


_________________________________________________________________________________________


I refer to your recent application(s) for Defined Certificates of Sponsorship (DCoS) for the following position:



DCoS URN: DCS0000000

Job: Marketing Executive x1

Route: Skilled Worker (New hires - Defined)

SoC: 3554 Advertising and marketing associate professionals

Salary £39,000.00 Per Year


In January 2014 UK Visas and Immigration introduced customer service standards for sponsor applications. This was based on feedback from customers and aims to offer certainty for businesses and individuals.


These transparent standards differentiate between straightforward applications, which will be decided within our published standard processing time, and more complex applications where the same certainty is not possible. If an application is identified as complex, then we will always contact our customer to explain why their application will not be decided within the normal standard and what will happen next.


The purpose of this letter is to notify you of this and to request further information to allow us to consider your application/s.

The published service standard, if your application is straightforward and does not require any further information, is one working day. However, we are not going to be able to decide your case within this standard.

This is because your application raises complex issues and we require more information and time to investigate your case thoroughly, in order to reach a correct decision.

We aim to make a decision on your application within 20 working days of receipt of the information we have requested below, however depending on the complexity of the case this won't always be possible.

Please can you provide:

An explanation as to why your business needs to recruit additional sponsored workers. This explanation must be specific to your business
A full job description, which should include the main duties of the role for which the worker is being sponsored
Copies of current official contracts or agreements to demonstrate your business has genuine vacancies related to your current request. These should only include contracts which demonstrate a guaranteed agreement to provide services. Contracts which don’t confirm specific agreements, do not demonstrate a current and genuine vacancy exists.
You must highlight in the contracts the relevant clauses which confirm you have genuine agreements for services leading to current roles to fill. If you do not provide contracts with the relevant clauses highlighted, we may reject your request.

These could be in the form of agreements with the NHS, contracts with local councils or private contracts / agreements to provide care or other agreements. They must include a clear description of the scope of the service to be delivered; for example, the start and end date of the agreement, the nature of the service provided under the agreement, the number of service users covered by the agreement, the number of staff required to service the agreement and the locations that the staff will undertake the work.

Please note we will not accept evidence of your business currently bidding for contracts, your business must already be in a position where it has sufficient work to employ sponsored workers on a full-time basis.

A hierarchy chart detailing who currently works for the organisation, each vacant position within your organisation, and which of these vacant positions the sponsored workers will fill. You should also identify which positions are currently filled by migrant workers, identifying these workers by name (required)
A staff rota dating back four weeks from the date of this request to demonstrate what duties your current employees are undertaking and where they are working
Copies of employment contracts between your business and existing workers you sponsor, for each SOC code you are wanting to sponsor migrant workers under.
We will only accept a draft employment contract, for the specific job title, with the correct salary and working hours relating to your application, if your business has not previously recruited any migrant workers in the SOC code you are wanting to sponsor migrant workers under.

A fully completed additional information proforma (attached)


This information will enable us to determine whether the job, for which you are applying, is at the appropriate skill level, matches the Standard Occupation Code you have selected, and is eligible for tradeable points option for the salary and other attributes within the Skilled Worker route and listed, in full, in the Workers and Temporary Workers: sponsor a skilled worker (publishing.service.gov.uk) and Immigration Rules Appendix Skilled Occupations


PLEASE NOTE: If we are not satisfied with the further information provided, we will reject your request. We may also take further action against you, which could include your license being suspended or revoked.


Sponsor Casework Operations allows 5 working days for you to provide this information and therefore it must be received no later than 24th April 2024.


Information should be submitted by email to DefinedCoS@homeoffice.gov.uk including the sponsor’s name, sponsor licence number and the DCoS URN in the Subject field. If this is not feasible, please notify us on this above email address.


Please note:



this will be our one and only request for information
your application will be considered on information held on the above date; we will not delay applications pending submission of further information, unless we specifically request it from you
information received after the above date will not be assessed and your application will be rejected
if you do send additional information or documents as requested, we will aim to consider this within 20 working days of receipt
our system will not accept emails larger than 20mb, therefore please ensure that your email does not exceed these limits. If necessary, send more than one smaller email, marked 1 of 4, 2 of 4 etc.
documents should be attached directly to your email, as we are unable to access links to files hosted on sites such as Dropbox™ or Google Drive™.


If your application for a DCoS is successful, it will be allocated to your SMS account, ready to be assigned to a worker. You will not receive a letter of confirmation.



In line with Paragraph SK12.22. of the Sponsor a Skilled Worker (publishing.service.gov.uk), we will reject your application for a Defined CoS if:



· the job does not meet the skill level requirement

· we have reasonable grounds to believe you have chosen an

inappropriate occupation code for the role

· the job does not meet the salary requirements

· we have reasonable grounds to believe the job is not a genuine role or

amounts to the hire of the worker to a third party

· we have reasonable grounds to believe the role does not comply with

UK employment law (for example, National Minimum Wage or the

Working Time Regulations)

· we have reasonable grounds to believe you have provided false or misleading information in your application • the application otherwise does not meet the requirements of the Skilled Worker route





Paragraph SK12.23. We may also reject any application for a Defined CoS (or, where you have requested multiple Defined CoS, grant fewer than you have

requested or grant none at all) for any of the following reasons:


· you are asked to provide additional information or evidence to support

your application and you fail to submit it by the deadline given by UKVI

· you cannot justify your need for the number of Defined CoS you have

requested

· we do not consider your need to be credible, based on your current

circumstances

· we are not satisfied you will be able to offer guaranteed work for the

· worker by the start date stated on the Defined CoS application

· you have a history of non-compliance with the sponsorship

arrangements

· the request is substantially or materially the same as one we have

previously rejected


Paragraph SK12.24. When considering applications for Defined CoS, we will apply the same considerations as we do when we consider a request for an annual or increased allocation of Undefined CoS – see ‘Deciding your CoS allocation’ in section S2 of

Sponsor a worker: sponsor guidance part 2 - GOV.UK (www.gov.uk) for further information.



Paragraph SK12.25. If we reject an application for a Defined CoS (or grant fewer than you have requested), or if you persistently submit applications which are rejected, we may take compliance action against you.


____________________________________________________________________________________________

So can you please give us the best opinion regarding this case

[razergd1]

Reading the entire story it looks like you pressed the red button.
So in February you want to hire some for 25k then it gets rejected then suddenly in April you wish to pay 38k?

TBH, I would have questioned this as well. Usually when you budget for a certain role you put a reasonable bracket and then you give offer with accordance to skills and performance of the candidate during the recruitment process.
Now first time you offered the candidate 25k then 38k wow... That's a big jump. Usually this jump can take few years for regular employees...

Anyhow, In my opinion you should give a genuine answer and face the consequences.
Otherwise, maybe consult a solicitor or give up the license all together.

[mowaid]

We reieved the same email and we did provide all the details after that we got the DCOS. I think after 4April2024 they are asking this information to almost any employeer So we did applied 1st time and we got the same information and than we applied for the next COS and we received the same email again

I hope if you provide all the information than you will be safe employeer can offer low or high salary if they are really in need of the worker so this is not an issue to offer more salary