Appropriate Salary Rate
: Where these Rules state that an applicant must be paid the appropriate rate for a job as set out in this Appendix the rate will be determined as follows: (a) Where the most appropriate match for the job in question appears in Tables 1 to 5 or Table 9, the appropriate rate is as stated in the relevant Table (in this case the appropriate rate is set out in Table 2 and is £22,600 per annum for the relevant employment) … (e) The rates stated are per year and are based on the following weekly hours: ( i ) Where the source is the Annual Survey of Hours and Earnings, a 39-hour week; Where the applicant has contracted weekly hours or is paid an hourly rate, the rates must be pro-rated accordingly … ” 9. It is plain that the effect of paragraph 14 of Appendix J is that other than where an applicant has contracted weekly hours or is paid an hourly rate , the appropriate salary for the purposes of paragraph 79 of Appendix A is an applicant’s gross annual salary to be paid by the sponsor employer, subject to the conditions set out in paragraphs 79( i )-(iii), which do not bear on the instant case. This salary will be recorded on the Certificate of Sponsorship. 10. The fact that an applicant works in excess of 39 hour s per week is only relevant if that applicant also has contracted weekly hours or is paid an hourly rate. In these, and only these, circumstances an applicant’s gross annual salary is pro-rated for the purposes of paragraph 79 of Appendix A. 11. In the instant appeal t he appellant’s Certificate of Sponsorship identifies that she will be paid a gross annual salary of £22,600. There is no admissible evidence before us which supports a contention that this applicant was contracted to work weekly hours or paid an hourly rate . C onsequently the applicant’s appropriate salary for the purposes of consideration under paragraph 79 of Appendix A is to be taken as being £22,600 per annum. The “appropriate rate for the job” (paragraph 79B to Appendix A) is that set out in Table 2 of the Codes of Practice in Appendix J to the Rules (code 2126) . In the instant case that is also £22,600 . 12. The appellant is therefore entitled to an award of 20 points under the ‘ appropriate salary ’ head of Appendix A and accordingly is entitle d to 50 points under Appendix A - the Secretary of State having already accepted the appellant’s entitlement to 30 points under the Certificate of Sponsorship head. Consequently, contrary to both the decision of the Secretary of State and the conclusion of the First-tier Tribunal, the appellant meets the requirements of paragraph 245HD of the Rules. 13. T he decision of the First-tier Tribunal to the contrary is set aside. W e re-make the decision allowing the appeal on the basis that the appellant meets the requirements of the Immigration Rules.