PSW switching to Tier 2 (Help, Salary Not Meet)

[agn]

Need Help!!!

I am working with my employer since I got my PSW (more than 6 months). And my psw going to expired on coming Nov which planning to switch to Tier2 (General).

However, my current salary does not meet the appropriate rate.
As my employer going to apply CoS and they said they would raise it up to the requirment for CoS & my visa application.

I wondering when they need to raise my salary?
The month before I apply my Tier2 VISA, or need earlier??

Also how long does it take for apply CoS? 3 months??
As my employer going to apply in early July, will it be alright?!

Many thanks!!!

[madona587]

Need Help!!!

I am working with my employer since I got my PSW (more than 6 months). And my psw going to expired on coming Nov which planning to switch to Tier2 (General).

However, my current salary does not meet the appropriate rate.
As my employer going to apply CoS and they said they would raise it up to the requirment for CoS & my visa application.

I wondering when they need to raise my salary?
The month before I apply my Tier2 VISA, or need earlier??

Also how long does it take for apply CoS? 3 months??
As my employer going to apply in early July, will it be alright?!

Many thanks!!!

As far as I know as long as your employer pays you the correct amount mentioned in the code of practice for your job title by the time of your application it should be fine. (You have to provide last 6 months payslips only to prove your working for the company not how much you make)

It takes 5 mins to apply for a COS and it will be assigned Instantly (Given you have done the company registration properly and been given a A Rating)

My advise is If you have already registered and COS is allocated go for it. Make sure to apply before your COS expires. (Expiry date will be shown in SMS)

[mt_dilber]

I agree with @madona587 ,

Your COS should mention right salary with right job code and that will be your proof of salary. You can also attach employers letter as an additional proof.
Salary slips are just to prove that you worked for same employer for >6 months, it does not mater what was you salary before.

[agn]

Thanks madona587 & mt_dilber. It is a good news to me. Salary is my most worry bit.

But I may have some misunderstanding on CoS with Sponsor Licence?!

My office have not register.
The Cos assigned Instantly!?
I knews it need to apply CoS online, and post the supporting documents afterward. A number will issue to emplyer when it succeed?!
Cos assigned Instantly, is that mean while doing the online application, it already knew it is a Unrestricted CoS?

Or it does take time for my employer to apply Sponsor Licence?

Thanks in advance

[madona587]

Thanks madona587 & mt_dilber. It is a good news to me. Salary is my most worry bit.

But I may have some misunderstanding on CoS with Sponsor Licence?!

My office have not register.
The Cos assigned Instantly!?
I knews it need to apply CoS online, and post the supporting documents afterward. A number will issue to emplyer when it succeed?!
Cos assigned Instantly, is that mean while doing the online application, it already knew it is a Unrestricted CoS?

Or it does take time for my employer to apply Sponsor Licence?

Thanks in advance

1. Your company Register with the Home office Online.
2. You send minimum 4 supporting documents to the home office.
3. Your company pays for the Sponsor License. (£300 if its a small company)
3. Home Office evaluates your company Application.
4. Home Office makes a decision. Visiting Officers might do a visit to your company if needed.
5. Home Office Grants you or Refuses your application. (Make sure to do the documents bit correctly)
6. While making the online application your company puts down how many Unrestricted COS they need.
6. If your company receives a A Rating Home office Allocates you the COS Slots. (Depending on how many you wanted. In your case I believe its 1)
7. Once home office approves your company it adds your company to the list of registered companies recognized by home office.
8. Your company Level 1 user gets sent login details to the Sponsorship Management System.
9. Level 1 user logins in to the SMS and Creates and NEW COS for you (By providing your details, Passport no, employment details, Salary, Job title. YOU HAVE TO BE CAREFUL HERE ON WHAT SOC Code you put for your Job and the Annual Salary)
10. Your company pays for the COS (£175 per COS)
11. Home Office Assigns you a COS (This is Instant, Its only a Number)
12. Level 1 user gives you this COS number.
13. You fill in the TIER2 Application Form and Use the COS number in your application (Without this COS number you will be refused)
14. You provide necessary support documents (payslips to prove the length of your employment, Educational qualifications etc)
15. You will be granted or refused a TIER2 Visa (if you do the SOC code and Salary properly and don't make any mistake in your application)

Hope this helps mate. If you need any help PM me or ask here

(It can take up to 45 days to register your company but if you don't send the correct documents they will refuse you. Do this as soon as possible. Speak to your HR department and speed up the process)

[Sheffield_Marketeer]

Madona587,

Thumbs up for your effort in typing the steps!
fantastic job!

[agn]

Many many thanks madona587.
This is very helpful and clear!!! i am very appreciate with it.
And I am going to chasing my Boss to speed up the process.
Thanks a lot!

[madona587]

You're welcome guys Any help ask

[polar]

Hi all

Does it mean that I need to have the appropriate rate of the Code of Practice even I have worked for the same employer for 6 months when I switch from PSW to Tier 2 (General)?

What if the job title I am working on cannot be found in the code of practice?

Many thanks!!

[madona587]

Hi all

Does it mean that I need to have the appropriate rate of the Code of Practice even I have worked for the same employer for 6 months when I switch from PSW to Tier 2 (General)?

Yes.

What if the job title I am working on cannot be found in the code of practice?

You have to find the code which is the closest to your job. Read the Guidelines mate it clearly tells you how to locate the code for your job)

Many thanks!!

[ratapita]

Hi all

Does it mean that I need to have the appropriate rate of the Code of Practice even I have worked for the same employer for 6 months when I switch from PSW to Tier 2 (General)?

What if the job title I am working on cannot be found in the code of practice?

Many thanks!!

Just to add to what madona587 has already clarified-
You do not need to have been employed in the same capacity/job level in the past 6 months, but the job for which you are being assigned the CoS i.e. what you will be doing in the future for the same employer ,has to meet the appropriate rate.
If you can't find the exact title you need to find the job code whose duties most closely reflects what you do.

[polar]

Thanks for all the reply ^___^

[polar]

Hi all

Sorry to ask another question.

Does it matter if I work as a temperory staff for my employer in the six months period? Wili it affect the chance of of switching from PSW to Tier 2?

Thanks

[peg1980]

Hi
To Madona587. thank you in advance

I am not sure what you mean by 'Level 1 user logins in to the SMS and Creates and NEW COS for you (By providing your details, Passport no, employment details, Salary, Job title. YOU HAVE TO BE CAREFUL HERE ON WHAT SOC Code you put for your Job and the Annual Salary)'

when my employer filled the form, he said he didnot see any code. Is this code in SMS?
I just finished biometric taken at 16 Nov 2011 and waiting for the result. But now I am worry about my application, because of SOC code.

I am a marketing assistant in this company with 20,000 annual salary. Ive been working in this company for over 1 year.In this case, will my application be refused?

thank you, any valuable suggestion will be appreciated!

[madona587]

Hi
To Madona587. thank you in advance

I am not sure what you mean by 'Level 1 user logins in to the SMS and Creates and NEW COS for you (By providing your details, Passport no, employment details, Salary, Job title. YOU HAVE TO BE CAREFUL HERE ON WHAT SOC Code you put for your Job and the Annual Salary)'

when my employer filled the form, he said he didnot see any code. Is this code in SMS?
I just finished biometric taken at 16 Nov 2011 and waiting for the result. But now I am worry about my application, because of SOC code.

I am a marketing assistant in this company with 20,000 annual salary. Ive been working in this company for over 1 year.In this case, will my application be refused?

thank you, any valuable suggestion will be appreciated!

When your company assigns you a COS they must select which SOC code your job falls under, followed by job description and Salary. Yes its in the SMS (Sponsorship Management System)

First check the SOC and match the job description/job title then look how much salary you are required for that job title. You must not be paid less than the required salary. for e.g: A web developer according to SOC must be paid 36K year.

20K is the minimum salary, First check SOCK for "marketing assistant" job title or job description which closely matches with what you do, Then look for the required salary. If it says 20K then you are fine, If not you will be refused I'm afraid.

Are you switching from PSW?

[peg1980]

Hi
Thank you so much.

Yes, I switched my visa from PSW to Tier2 general.

In SOC, there is no exactly the same one as my job title. However, I just found one similar to my job which is 3543 (marketing associate professionals) the Minimum rate: £11.01 per hour. which mean the annual salary is 19818.
So my annual salary should be fine with 20,000. Am I right??

But I donot know what exactly my employer did in SMS. He said he didnot know any code at all. After I got COS, I just submitted my application on 26 Oct 2011 and biometric on 16 Nov. In my application, I wrote my job title is 'marketing assistant'.

Does it possible to make any adjustment on SMS now? Will it make any different?

Thanks again!

[arsenal49]

request copy of your COS...
it should mention job title and SOC code!

if it doesnt... then you will not have been issued COS in first place...

so, the only question is... did your employer put in the RIGHT soc code or not?

[peg1980]

Hi
Thanks, arsenal49. I will check with my employer tomorrow. Then get back here.

Last question,
If he put the wrong one, what can I do next?
Will it make any different if he changed it from SMS immediately?

Thank you.

[madona587]

Hi
Thank you so much.

Yes, I switched my visa from PSW to Tier2 general.

In SOC, there is no exactly the same one as my job title. However, I just found one similar to my job which is 3543 (marketing associate professionals) the Minimum rate: £11.01 per hour. which mean the annual salary is 19818.
So my annual salary should be fine with 20,000. Am I right??

But I donot know what exactly my employer did in SMS. He said he didnot know any code at all. After I got COS, I just submitted my application on 26 Oct 2011 and biometric on 16 Nov. In my application, I wrote my job title is 'marketing assistant'.

Does it possible to make any adjustment on SMS now? Will it make any different?

Thanks again!

Mate if your job requires hourly rate MAKE SURE you take your working hours into consideration. Your standard working hours is usually 37.5hrs for a full time job. So you must work out how much you are earning based on your hours. You can't work more hours to match the salary. Hope you get my point.

If your employer put the wrong SOC code for your job then you will get a refusal and your cos will no longer can be used. Your employer must request a new allocation for a COS.

No you cannot add a sponsor note for a wrong SOC. It's only for minor errors such as wrong spelling, etc.. You must withdraw the COS and then request a new one. But given you already made the application you might as well wait for the outcome. I hope you have some time left in your PSW?

[madona587]

Hi
Thanks, arsenal49. I will check with my employer tomorrow. Then get back here.

Last question,
If he put the wrong one, what can I do next?
Will it make any different if he changed it from SMS immediately?

Thank you.

Once the COS is assigned you can't make ANY CHANGES to it.

[peg1980]

Gosh...I was so naive!!
Thank you, madona587. Thanks.

Unfortunately, my psw just expired ( 1 Dec, 2011 ). What can I do next?!
If my employer put the wrong one, Will I overstay here?
What should I do??!!

Some advices???

[madona587]

Gosh...I was so naive!!
Thank you, madona587. Thanks.

Unfortunately, my psw just expired ( 1 Dec, 2011 ). What can I do next?!
If my employer put the wrong one, Will I overstay here?
What should I do??!!

Some advices???

If thats the case technically you are an over stayer. But I believe you can make a out of time application with a new COS. There are few threads here about it. Search.. I'm not exactly sure about the procedure.

You can also try out of country in which you will need a restricted COS and RLMT I think and its a bit more complicated.

If you are to apply again make it clear that you have over stayed though from what I read here UKBA is been helpful with

Until your application is decided you can't jump into any conclusions. So do the necessary research and keep your employer of possible outcomes.

[Greenie]

Gosh...I was so naive!!
Thank you, madona587. Thanks.

Unfortunately, my psw just expired ( 1 Dec, 2011 ). What can I do next?!
If my employer put the wrong one, Will I overstay here?
What should I do??!!

Some advices???

If thats the case technically you are an over stayer. But I believe you can make a out of time application with a new COS. There are few threads here about it. Search.. I'm not exactly sure about the procedure.

You can also try out of country in which you will need a restricted COS and RLMT I think and its a bit more complicated.

If you are to apply again make it clear that you have over stayed though from what I read here UKBA is been helpful with

Until your application is decided you can't jump into any conclusions. So do the necessary research and keep your employer of possible outcomes.

How is he an overstayer if he made an application to switch from tier PSW to tier 2 in October?

[madona587]

Gosh...I was so naive!!
Thank you, madona587. Thanks.

Unfortunately, my psw just expired ( 1 Dec, 2011 ). What can I do next?!
If my employer put the wrong one, Will I overstay here?
What should I do??!!

Some advices???

If thats the case technically you are an over stayer. But I believe you can make a out of time application with a new COS. There are few threads here about it. Search.. I'm not exactly sure about the procedure.

You can also try out of country in which you will need a restricted COS and RLMT I think and its a bit more complicated.

If you are to apply again make it clear that you have over stayed though from what I read here UKBA is been helpful with

Until your application is decided you can't jump into any conclusions. So do the necessary research and keep your employer of possible outcomes.

How is he an overstayer if he made an application to switch from tier PSW to tier 2 in October?

He applied for TIER2 in October and his PSW already expired. (1 Dec, 2011) If he gets refused for TIER2 doesn't that make him an over stayer? At least technically?

[Greenie]

Gosh...I was so naive!!
Thank you, madona587. Thanks.

Unfortunately, my psw just expired ( 1 Dec, 2011 ). What can I do next?!
If my employer put the wrong one, Will I overstay here?
What should I do??!!

Some advices???

If thats the case technically you are an over stayer. But I believe you can make a out of time application with a new COS. There are few threads here about it. Search.. I'm not exactly sure about the procedure.

You can also try out of country in which you will need a restricted COS and RLMT I think and its a bit more complicated.

If you are to apply again make it clear that you have over stayed though from what I read here UKBA is been helpful with

Until your application is decided you can't jump into any conclusions. So do the necessary research and keep your employer of possible outcomes.

How is he an overstayer if he made an application to switch from tier PSW to tier 2 in October?

He applied for TIER2 in October and his PSW already expired. (1 Dec, 2011) If he gets refused for TIER2 doesn't that make him an over stayer? At least technically?

You said: In that case technically you are an overstayer. He is not currently an overstayer because he has made an in time and presumably valid application and therefore his leave is extended under section 3C of the Immigration Act 1971. If his application is refused he will have a right of appeal, so will not be an overstayer until the appeal deadline (10 working days from receipt of decision) has passed or if he does appeal, once his appeal rights are exhausted. So, no, he is not currently and overstayer as you suggested, technically or otherwise.