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Salary discrepancy - Appendix J & Policy Guidance

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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mashayekh_hosein
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Salary discrepancy - Appendix J & Policy Guidance

Post by mashayekh_hosein » Thu Apr 11, 2019 8:18 am

Hello,
I am asking this question for a friend of mine. He has found an academic job in a university (SOC 2119 PhD-level job) and would like to change employer with a new Tier-2 visa. However there appears to be a discrepancy between the salary stated in Immigration Rules Appendix J: codes of practice salaries and the salary stated in the first page of the below policy guidance for Tier-2.
The Appendix J is asking for £32k, the policy guidance is £29k while refers back to incorrect value of £32.5k in Appendix J and his salary is £30k ; do you think this will cause any issues? Should he contact home office to receive a confirmation or can just apply for the visa. According to policy guidance it seems OK but this is the fist time I see such a difference, so thought to check for him.
Thanks for your insights.

https://assets.publishing.service.gov.u ... 3_2019.pdf

https://www.gov.uk/guidance/immigration ... illed-work

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CR001
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Re: Salary discrepancy - Appendix J & Policy Guidance

Post by CR001 » Thu Apr 11, 2019 8:54 am

Appendix J is the immigration rules, this is what HO based their decisions on. That is what has to be met for SOC/Salary. If the salary does not match the SOC, his visa is likely to be refused.

Policy guidance is just that, guidance and likely not yet updated after the Appendix J salary rates were updated on 30th March.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

mashayekh_hosein
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Re: Salary discrepancy - Appendix J & Policy Guidance

Post by mashayekh_hosein » Thu Apr 11, 2019 4:59 pm

Thank you CR001 for your response. It is unlikely that his employer will raise his salary. Based on your response, he has decided to not to apply for at least the next few weeks in the hope of a correction to Appendix J as promised in the second page of the updated 03-2019 Tier-2 policy guidance as it says: The Immigration Rules will be updated to reflect the correct pay scales at the next available opportunity"

Let's hope 'the next available opportunity' is within the next few weeks!

https://assets.publishing.service.gov.u ... 3_2019.pdf

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UKLL
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Re: Salary discrepancy - Appendix J & Policy Guidance

Post by UKLL » Thu Apr 11, 2019 5:51 pm

mashayekh_hosein wrote:
Thu Apr 11, 2019 4:59 pm
Thank you CR001 for your response. It is unlikely that his employer will raise his salary. Based on your response, he has decided to not to apply for at least the next few weeks in the hope of a correction to Appendix J as promised in the second page of the updated 03-2019 Tier-2 policy guidance as it says: The Immigration Rules will be updated to reflect the correct pay scales at the next available opportunity"

Let's hope 'the next available opportunity' is within the next few weeks!

https://assets.publishing.service.gov.u ... 3_2019.pdf

.
It will unlikley go down, your friend can ask the University to increase the pay

mashayekh_hosein
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Posts: 73
Joined: Mon Jul 30, 2012 6:15 am

Re: Salary discrepancy - Appendix J & Policy Guidance

Post by mashayekh_hosein » Thu Apr 25, 2019 8:09 am

The University of Oxford has published the below information in regard to salary of SOC Code 2119 & 2311 and the notice on the Tier-2 policy guidcance. It says:

"in response to lobbying from the Russell Group, the Universities & Colleges Employers Association (UCEA), and Universities UK (UUK), the Home Office has now confirmed that ASHE data was incorrectly applied to the SOC codes relevant to HEIs and that the thresholds for these codes should have been set based on HE data, as they had been previously.
The Home Office have confirmed that these new thresholds listed in Appendix J of the Immigration Rules will be corrected as soon as possible, but in the interim have published an Addendum to the Tier 2 Policy guidance confirming the correct salary thresholds for the SOC codes in question. The corrected rates are in line with the cost of living increases to the thresholds for other SOC codes and will apply to CoS issued after 30 March 2019.
The corrected salary thresholds relevant within the collegiate University are:
SOC code 2119 (used for Research roles):
‘New Entrant’ up from £21,600 p.a. to £22,300 p.a. (based on 40hrs/week)
‘Experienced Worker’ up from £28,000 p.a. to £29,000 p.a. (based on 40hrs/week)
SOC code 2311 (used for Lecturer roles):
‘New Entrant’ up from £25,700 p.a. to £26,500 p.a. (based on 40hrs/week)
‘Experienced Worker’ up from £32,300 p.a. to £33,000 p.a. (based on 40hrs/week)"

However, there is no timeline when the Appendix J will be updated with these figures. More info in:
http://www.admin.ox.ac.uk/personnel/permits/

mashayekh_hosein
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Re: Salary discrepancy - Appendix J & Policy Guidance

Post by mashayekh_hosein » Mon Sep 09, 2019 2:43 pm

Just to update everyone: The salary for this SOC will be reduced from £40,0000 to £33,000 from 1 October 2019 based on statement of changes in immigration rules published today:

https://www.gov.uk/government/publicati ... ember-2019

https://www.gov.uk/government/collectio ... ules:-2019

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