Post
by TaherLy » Wed Dec 30, 2020 2:16 pm
Thank you Zimba
Really appreciate it
Could you please elaborate considering the following sections from UKVI sponsor guidance says ? Are you saying that since the contractual standard rate is still above the minimum salary requirements and that the unpaid leave that I will take won’t Break the contractual clause of my salary even though in that particular year I will receive less than the salary stated in the CoS which is also less than minimum salary threshold?
...,,,
Reductions in salary
26.20 If you decide to cut a migrant’s salary package to a lower rate than you stated
on their CoS, such as, if the allowances offered have changed, the new rate that you pay to them must meet the current appropriate rate requirements.
26.21 If the new rate is below the appropriate rate, you cannot continue to sponsor
them and you must report this to us using your sponsor management system
(SMS) account.
26.22 There is an exception to this rule if the migrant is undertaking professional
examinations to assess whether their skills meet UK standards before starting
work for you, where the passing of such examinations is a regulatory
requirement for the job the migrant will be sponsored to do, for example,
where they are taking OSCE or PLAB tests.
26.23 The only other exceptions to this rule are:
• where the reduction is due to the migrant taking a period of:
o maternity
leave
o paternity
leave
o shared parental
leave
o adoption
leave
• long-term sick
leave
for more than one continuous calendar month
• where a migrant is taking
unpaid
leave
with your agreement to assist in a
national or international humanitarian or environmental crisis - this limited
concession will enable you to continue sponsoring the migrant for up to 6
months of
unpaid
leave
per year, you should use the SMS as usual to tell
us of the changes
• in the case of a Tier 2 (ICT) migrant, where the reduction is due to them not
being physically present in the UK
26.24 You must not continue to sponsor a migrant who is absent from work without
pay for 4 weeks or more in total. The only exceptions to this are the reasons
listed in paragraph 26.23 above, or where the migrant is taking part in strike
action as part of legally organised industrial action.
26.25 Where you are required to stop sponsoring a migrant who has been absent
from work without pay for 4 weeks or more, you must report this using your
SMS account. This applies whether the migrant is absent from work over a
single period or more than one period during any calendar year (1 January to
31 December). The 4 weeks is worked out according to the migrant’s normal
working pattern.
An example of this is if the migrant works 3 days per week (3 days x 4 weeks),
it would be 12 working days.
26.26 If a sponsored migrant wishes to take a longer period of other
unpaid
leave
, such as a sabbatical, you must stop sponsoring them and report this using
your SMS account.
26.27 If the migrant was granted
leave
under Tier 2 (General) as a ‘high earner’ and
the reduction in salary takes them below the high earner threshold, the migrant
must make a new application for
leave
.
