Tier 2 (General) - restricted CoS

[MissionPossible]

Hello Experts,

I have some confussion related to information stated at link - http://www.ukba.homeoffice.gov.uk/sitec ... tnov11.pdf.

Now - my wife wish to apply for restricted CoS for SOC code 2314 for which minimum salary requirement for her case would be 15,113 per annum but, at the same time SOL pdf states in the beginning that:

You cannot sponsor a migrant for a job with a salary below £20,000, unless they are applying to extend leave granted under Tier 2 (General) or the
work permit arrangements under the rules in place before 6 April 2011. This includes cases where they are changing employment.

This is confussing considering at one place they mention minimum salary (which means above it should be OK) and other place they state as 20K.

So for her 30 hrs./week under the SOC 2314 (Elsewhere in England and Wales Unqualified teacher)- How much should be minimum salary ?

Also, if you go to link -http://www.ukba.homeoffice.gov.uk/busin ... ationlist/ , its mentioned:

If a migrant comes to the UK under Tier 2 (General) to do skilled work that is on the shortage occupation list, they will get all the points they need to apply (except the points for English language and maintenance).

[Greenie]

See also

http://www.ukba.homeoffice.gov.uk/visas ... te-salary/

The minimum salary is £20,000 or the salary in the COP, whichever is higher. The only time the salary can be below £20,000 is in the scenario you have quoted below, which your wife does not fit in.

[MissionPossible]

Thanks Greenie

Does 20,000 stand as minimum salary even if workhours are less than standard 37.5 hours/week. e.g. If work hours are 30 hours per week (which is in case of her job offer), in that case would minimum salary be adjusted by similar factor i.e. approx 16K ??

[geriatrix]

Few questions related to Restricted CoS:

[1] Now, my employer has already assigned CoS to me as below are the details that are currently shown in SMS.
Current certificate status: ASSIGNED
Current certificate status date: 26 June 2012
Date assigned: 26 June 2012
Expiry date (use by): 27 September 2012

Actually, my sponsor was not aware that for a TIER2 General application minimum salary would have had to be atleast 20,000 even if the appropriate salary for the occupation was less than it (for SOC 2314 was 15,113).

Is it possible to amend salary (increase) mentioned on a Restricted CoS for a shortage occupation list employment through SMS? Section 272 of Tier 2 & 5 of the Points Based System – Guidance for Sponsors is not very clear on this.

[2] Considering the above details from SMS, does it mean that successful allocation is yet to be decided which is usually done on 11th of every month by a panel ?

[3] Also I can notice in for 'Tier and category' field my employer has mentioned below in SMS.
Tier 2 (General - Extensions)

Is this correct considering I'll be moving from TIER2 ICT Dependant to a TIER2 General by a Out of Country application ?

Quick Responses highly appreciated since I'm hoping to get things in place before 5th July !

[geriatrix]

Are you sure that the employer requested for a "restricted" CoS? If the request was made after 05-Jun and a CoS has been assigned, then it is not a "restricted" CoS.

[MissionPossible]

I have the screenshot from their SMS account with all my details but nowhere it's mentioned that whether it's a restricted or unrestricted CoS ?

• What's the best way to ascertain that ? (ofcourse besides asking the employer)
  
  Also what would be answer to other queries ? If anyone can answer them as well would be really helpful

[geriatrix]

1. No.
2. Already answered.
3. Missed noting it earlier. Confirms that the CoS is not a "restricted CoS".

[MissionPossible]

Will it possible to work for an employer on TIER 2 ICT dependant until ,say next year, and then shift to TIER 2 General VISA and continue with that employer? Any rule that stops from this shifting ?

Note: SOC is in the Shortage Occupation List.