UKBA refused Tier 2 General Visa although having CoS.

[mmassod]

Dear All
I need your help & suggestion. My name is Masood. I have done my matser from Scotland last year. I got job in NHS hospital sa Deputy Supplies Manager in February 09. Currently I have Tier 1 (PSW) visa valid till Dec 10. I requested hospital to issue Certificate of Sponsorship. They did Resident Labour Market Test & applied for Cos Reference from Home Office. I got approval from Home Office and was issued with Cos. Then I completed Tier 2 General visa form, attached all documents and send to Home Office for issuing visa. ECO refused my visa by stating that "not satisfied that salary you will be paid is at or above the appropriate rate for the job as stated in guidence published by UKBA, therefore 0 marks for CoS".
He gave me 10 out of 10 in Qualification points claimed, 20 out of 20 in Prospective earning claimed, 10 out of 10 in English Language points claimed, 10 out of 10 in Maintenance points claimed BUT 0 out of 30 in CoS points Claimed.
My current salary is around 28K per year. UKBA demands that if salary is 24k or above, 20 points will be given. On one side they are awarding me 20 points for prospective earning but on other side claiming that salary not satisfied.
Myself & hospital were not expecting this. Hospital did call to UKBA for asking reason. Their Customer Service centre stated that according to CODES OF PRACTICE, this post should be given 33.5K per year, so refused visa.
I have checked every where on UKBA www, but could not find any clue. Code of Conduct is only mentioning SUPPLIES MANAGER (1133) code of practice that should be 33.5k, but not for DEPUTY SUPPLIES MANAGER. ECO decision is absolutely out of mind. dont know why he refused. He might qouted my Line Manager's code of Conduct. Because I am Band 6 NHS employee having salary 28k.
Can you please help me in this matter. what should I do now. I dont have right of appeal. I have all paper work clearly showing that my position is fine. I will be thankful for yur kind support. Thanks & Regards

[asim_t2]

please see your private message

[tvn_ramesh]

please see your private message

Asim.. if you have a good solution for the above query.. can i request you to put in here so that it will be useful to others who are in the same problem.. only if its not personal n useful to others - cheers..

[Dasavathar]

Hi Asim,

I need some informations for the above mentioned problem. I am planning to apply for my Tier 2, hope similar situation,

Can you pls post the solution down or to my private meassage, thanks...

[ash786]

Dear All
I need your help & suggestion. My name is Masood. I have done my matser from Scotland last year. I got job in NHS hospital sa Deputy Supplies Manager in February 09. Currently I have Tier 1 (PSW) visa valid till Dec 10. I requested hospital to issue Certificate of Sponsorship. They did Resident Labour Market Test & applied for Cos Reference from Home Office. I got approval from Home Office and was issued with Cos. Then I completed Tier 2 General visa form, attached all documents and send to Home Office for issuing visa. ECO refused my visa by stating that "not satisfied that salary you will be paid is at or above the appropriate rate for the job as stated in guidence published by UKBA, therefore 0 marks for CoS".
He gave me 10 out of 10 in Qualification points claimed, 20 out of 20 in Prospective earning claimed, 10 out of 10 in English Language points claimed, 10 out of 10 in Maintenance points claimed BUT 0 out of 30 in CoS points Claimed.
My current salary is around 28K per year. UKBA demands that if salary is 24k or above, 20 points will be given. On one side they are awarding me 20 points for prospective earning but on other side claiming that salary not satisfied.
Myself & hospital were not expecting this. Hospital did call to UKBA for asking reason. Their Customer Service centre stated that according to CODES OF PRACTICE, this post should be given 33.5K per year, so refused visa.
I have checked every where on UKBA www, but could not find any clue. Code of Conduct is only mentioning SUPPLIES MANAGER (1133) code of practice that should be 33.5k, but not for DEPUTY SUPPLIES MANAGER. ECO decision is absolutely out of mind. dont know why he refused. He might qouted my Line Manager's code of Conduct. Because I am Band 6 NHS employee having salary 28k.
Can you please help me in this matter. what should I do now. I dont have right of appeal. I have all paper work clearly showing that my position is fine. I will be thankful for yur kind support. Thanks & Regards

The job u are applying under must be paid either the minimum wage per hour or salary per year. If you read the guidence on this issue it clearly says that if the job just say for example should be at £28000 per year according to the National Ouuupation list then if your sponsor give you the same job for £24000 then HO will give u points for prospective earnings but COS will not be accepted as the job should be paid £2800 and not £24000. Hop it clears that why HO refused your COS. I am sorry to say but it was a correct refusal. Tier 2 is very tricky in a way that even if u meet all the requirements plus u have the COS but if your salary doe snot meet the minumim wage or salary as set by the CODE OF PRACTICE list then HO will refuse the application.

[Dasavathar]

Hi Ash,

How do I find my salary is according to the code of practice? Is there any link to check?

I am a social worker working for childrens services and i am getting 28K per annum is that meeting the code?

You were also saying about the guidance of this issue, what do you mean by that? and where do I find that?

Please clarify my doubts.

[faz123]

Dear All
I need your help & suggestion. My name is Masood. I have done my matser from Scotland last year. I got job in NHS hospital sa Deputy Supplies Manager in February 09. Currently I have Tier 1 (PSW) visa valid till Dec 10. I requested hospital to issue Certificate of Sponsorship. They did Resident Labour Market Test & applied for Cos Reference from Home Office. I got approval from Home Office and was issued with Cos. Then I completed Tier 2 General visa form, attached all documents and send to Home Office for issuing visa. ECO refused my visa by stating that "not satisfied that salary you will be paid is at or above the appropriate rate for the job as stated in guidence published by UKBA, therefore 0 marks for CoS".
He gave me 10 out of 10 in Qualification points claimed, 20 out of 20 in Prospective earning claimed, 10 out of 10 in English Language points claimed, 10 out of 10 in Maintenance points claimed BUT 0 out of 30 in CoS points Claimed.
My current salary is around 28K per year. UKBA demands that if salary is 24k or above, 20 points will be given. On one side they are awarding me 20 points for prospective earning but on other side claiming that salary not satisfied.
Myself & hospital were not expecting this. Hospital did call to UKBA for asking reason. Their Customer Service centre stated that according to CODES OF PRACTICE, this post should be given 33.5K per year, so refused visa.
I have checked every where on UKBA www, but could not find any clue. Code of Conduct is only mentioning SUPPLIES MANAGER (1133) code of practice that should be 33.5k, but not for DEPUTY SUPPLIES MANAGER. ECO decision is absolutely out of mind. dont know why he refused. He might qouted my Line Manager's code of Conduct. Because I am Band 6 NHS employee having salary 28k.
Can you please help me in this matter. what should I do now. I dont have right of appeal. I have all paper work clearly showing that my position is fine. I will be thankful for yur kind support. Thanks & Regards

The job u are applying under must be paid either the minimum wage per hour or salary per year. If you read the guidence on this issue it clearly says that if the job just say for example should be at £28000 per year according to the National Ouuupation list then if your sponsor give you the same job for £24000 then HO will give u points for prospective earnings but COS will not be accepted as the job should be paid £2800 and not £24000. Hop it clears that why HO refused your COS. I am sorry to say but it was a correct refusal. Tier 2 is very tricky in a way that even if u meet all the requirements plus u have the COS but if your salary doe snot meet the minumim wage or salary as set by the CODE OF PRACTICE list then HO will refuse the application.

But according to the original poster, the code has been incorrectly assigned and the code assigned is for his line manger Band 8 (Supplies Manager) and not for his position which is Band 6 (Deputy Supplies manager) as per NHS employers salary scale. He is being paid correctly as per the NHS Employers pay circular.
If what you are saying is true, Should UKBA have not penalised the employer for not paying the standard wage by cancelling their sponsorship powers or giving them a warning?

If what the original poster is saying is correct, what option has he got? Applying for JR?

Thanks

[ash786]

Dear All
I need your help & suggestion. My name is Masood. I have done my matser from Scotland last year. I got job in NHS hospital sa Deputy Supplies Manager in February 09. Currently I have Tier 1 (PSW) visa valid till Dec 10. I requested hospital to issue Certificate of Sponsorship. They did Resident Labour Market Test & applied for Cos Reference from Home Office. I got approval from Home Office and was issued with Cos. Then I completed Tier 2 General visa form, attached all documents and send to Home Office for issuing visa. ECO refused my visa by stating that "not satisfied that salary you will be paid is at or above the appropriate rate for the job as stated in guidence published by UKBA, therefore 0 marks for CoS".
He gave me 10 out of 10 in Qualification points claimed, 20 out of 20 in Prospective earning claimed, 10 out of 10 in English Language points claimed, 10 out of 10 in Maintenance points claimed BUT 0 out of 30 in CoS points Claimed.
My current salary is around 28K per year. UKBA demands that if salary is 24k or above, 20 points will be given. On one side they are awarding me 20 points for prospective earning but on other side claiming that salary not satisfied.
Myself & hospital were not expecting this. Hospital did call to UKBA for asking reason. Their Customer Service centre stated that according to CODES OF PRACTICE, this post should be given 33.5K per year, so refused visa.
I have checked every where on UKBA www, but could not find any clue. Code of Conduct is only mentioning SUPPLIES MANAGER (1133) code of practice that should be 33.5k, but not for DEPUTY SUPPLIES MANAGER. ECO decision is absolutely out of mind. dont know why he refused. He might qouted my Line Manager's code of Conduct. Because I am Band 6 NHS employee having salary 28k.
Can you please help me in this matter. what should I do now. I dont have right of appeal. I have all paper work clearly showing that my position is fine. I will be thankful for yur kind support. Thanks & Regards

I have attached the following link for you from UKBA web site.

http://www.ukba.homeoffice.gov.uk/emplo ... fpractice/

If you look at the right hand side u will find all the lists for the occupations. U need to pick up the list and see where u job list is located and then scroll down the page and see what the expected salary is given to the applicant. If you think that HO has made a mistake then NHS should appeal the decision on u behalf. Its not u responsiblity to check all these details the NHS should check the job title and the associated salry related to that job. If they (NHS) could not find the job title on that list then they should have contacted the HO and made inquiry about it that what is the expected salary for the job u got. If they have done that befor ethe application then u would have been fine. There is only one solution for your problem.

1. Either NHS appeal the decision or

2. Cancel the existing COS
2. Contact HO and check what would be the salary for your job according to the codes of practice
3. Then issue a new COS according to the instructions of HO

[Dasavathar]

Hi Ash,

You have given a wide picture of the issue. Thank you so much.

[ashleyransoo]

Hi I got kinda of similar query.

If someone got refused Tier 2 General visa switching from PSW

Reason refused for : job salary not according to code of practice

The letter of refusal says that there is no right of appeal since the applicant still have leave to enter or remain.

BUT the letter says a fresh application can be made with supporting evidences and further documents.

However, with the new cap limit, will the Sponsor be allowed to issue a new certificate of sponsorship, or can the application be re-submitted with same certificate of sponsorship?

Also, the sponsor/employer is a new sponsor and only applied for 1 certificate which has been refused.

Really confued here...pleaseeee helpp!!!!

Thanks,
ASh

[jay09]

All,

My friend had a similar problem (which he won through appeal) although he applied under transitional arrangement. I think Massod has a case and to me it can only be resolved through appeal.....(get a good solicitor)

The argument will be..... if the NHS is allowed to create job positions like that of a Deputy Manager, then there is a legitimate expectation that a Deputy will earn slightly lower that his/her senior colleague....


So in Massod's case, he is expected to be paid 28k, 5k below his senior and to me that is very accurate.

The going rates as quoted by the UKBA are not in anyway reflective of the current market rate....mind you

If you have evidence that other NHS employees with the same title are being paid the same amount as your prospective earnings, that would also help you in your arguments.

Go and see a solicitor.

Good luck
..................

Please excuse any typo error.....was posted hastily

[mt_dilber]

i had same problem, but i found alternative code, this can be done matching ur job description with most relevant one. if ur job description matches any other code which have same or lower salary than what u are getting.
but ur sponsor should explain in ''sponsor's notes'' in COS that how did they reach this decision and applicant should included an attested copy of job description in tier2 application.

this is what UKBA advised to my employer as i was a Trainee Biomedical Scientist band 5, which is not in code of practice.