Revised codes of practice and salary for skilled workers

timarli · Post by **timarli** » Thu Mar 07, 2013 9:47 am

singhilr wrote: timarli, i am not sure about the outcome but it can really be challenged in the court of law if it can be proved : You must meet all the requirements of the Immigration Rules at the time when you make your application." wasn't on ukba website back in time and a very competent solicitor to pursue the case.is there not any chance of you getting a payrise .
n regarding my query as i said in my soc code 2231,no new or experienced rate is mentioned but scale of £21,176 for band 5 nurse is given,do you think as long as my salary is above £21,176 i will be fine.
thanks

I believe if your salary is above the figure in the new guidance you should be fine. I don't know how grades etc work in nursing maybe those Bands are showing the experience and corresponding salary requirements. So, as long as you earn more than the figure for your own band, I don't see a problem.

singhilr · Post by **singhilr** » Thu Mar 07, 2013 7:37 pm

timarli wrote:
singhilr wrote: timarli, i am not sure about the outcome but it can really be challenged in the court of law if it can be proved : You must meet all the requirements of the Immigration Rules at the time when you make your application." wasn't on ukba website back in time and a very competent solicitor to pursue the case.is there not any chance of you getting a payrise .
n regarding my query as i said in my soc code 2231,no new or experienced rate is mentioned but scale of £21,176 for band 5 nurse is given,do you think as long as my salary is above £21,176 i will be fine.
thanks
I believe if your salary is above the figure in the new guidance you should be fine. I don't know how grades etc work in nursing maybe those Bands are showing the experience and corresponding salary requirements. So, as long as you earn more than the figure for your own band, I don't see a problem.

thanks for the reply timarli, any experts please advice.

Kevin24 · Post by **Kevin24** » Thu Mar 07, 2013 8:46 pm

Hi! singh ilr, I have been reading your posts. I need to check few things before I could advise you. I am more confused with this New SOC code List.My Employer will not be happy with the 25% increase in salary.

singhilr · Post by **singhilr** » Thu Mar 07, 2013 8:53 pm

Kevin24 wrote:Hi! singh ilr, I have been reading your posts. I need to check few things before I could advise you. I am more confused with this New SOC code List.My Employer will not be happy with the 25% increase in salary.

Hi Kevin,that will be great if you can shed some light on the salary requirement of my SOC Code.
thanks

Kevin24 · Post by **Kevin24** » Thu Mar 07, 2013 8:57 pm

singhilr wrote:
Kevin24 wrote:Hi! singh ilr, I have been reading your posts. I need to check few things before I could advise you. I am more confused with this New SOC code List.My Employer will not be happy with the 25% increase in salary.
Hi Kevin,that will be great if you can shed some light on the salary requirement of my SOC Code.
thanks

Will do,Hopefully by Monday. Even My SOC code is very confusing.

singhilr · Post by **singhilr** » Thu Mar 07, 2013 9:16 pm

Kevin24 wrote:
singhilr wrote:
Kevin24 wrote:Hi! singh ilr, I have been reading your posts. I need to check few things before I could advise you. I am more confused with this New SOC code List.My Employer will not be happy with the 25% increase in salary.
Hi Kevin,that will be great if you can shed some light on the salary requirement of my SOC Code.
thanks
Will do,Hopefully by Monday. Even My SOC code is very confusing.

in my soc code just flat rate of £21,176 is given,no new or experienced rate is given,u reckon that is the one i should follow n not 25% on top of it.Also below is from statement of intent:
• For some occupations (such as those in the health and education sectors, part-qualified
architects, and barristers undertaking pupillages) the appropriate rates should use bespoke pay
scales rather than ‘new entrant’ and ‘experienced’ rates. These occupations will not be subject
to the above rules on pay progression.

Kevin24 · Post by **Kevin24** » Thu Mar 07, 2013 9:52 pm

singhilr wrote:
Kevin24 wrote:
singhilr wrote:
Kevin24 wrote:Hi! singh ilr, I have been reading your posts. I need to check few things before I could advise you. I am more confused with this New SOC code List.My Employer will not be happy with the 25% increase in salary.
Hi Kevin,that will be great if you can shed some light on the salary requirement of my SOC Code.
thanks
Will do,Hopefully by Monday. Even My SOC code is very confusing.
in my soc code just flat rate of £21,176 is given,no new or experienced rate is given,u reckon that is the one i should follow n not 25% on top of it.Also below is from statement of intent:
• For some occupations (such as those in the health and education sectors, part-qualified

I have found the SOC code matching my list of duties. It's same as in the previous SOC code list.New salary is more by £1,500p.a,to my present salary. My employer will go by the Experience worker;s salary,nothing more. Hope to discuss next week.
architects, and barristers undertaking pupillages) the appropriate rates should use bespoke pay
scales rather than ‘new entrant’ and ‘experienced’ rates. These occupations will not be subject
to the above rules on pay progression.

JS28 · Post by **JS28** » Sat Mar 09, 2013 8:20 pm

Hi All,

My background: I am an FE college lecturer 2312 and received tier 2 visa on 5th March 2013.

I am really worried about the changes that the govt have done. In the guide it says:

New entrants should be subject to the 25th percentile threshold when applying for leave to remain after three years. (In practice this will mean any extension applications which take the migrant’s stay in Tier 2 and/or the work permit arrangements beyond three years, including settlement applications.); and

Will this apply to me? Read below:

For some occupations (such as those in the health and education sectors, part-qualified architects, and barristers undertaking pupillages) the appropriate rates should use bespoke pay scales rather than ‘new entrant’ and ‘experienced’ rates. These occupations will not be subject to the above rules on pay progression.

Can anyone please explain the above paragraph?

Under the 2312 hey have:

2312 Further education teaching professionals
Lecturer or equivalent (new entrant): £21,719
Senior lecturer / advanced teacher and equivalent: £32,421
Further education management / principal lecturer and equivalent: £35,304

Based on the informaion above, which pay should I follow for my extension?

Thanks

timarli · Post by **timarli** » Sun Mar 10, 2013 8:32 pm

JS28 wrote:Hi All,

My background: I am an FE college lecturer 2312 and received tier 2 visa on 5th March 2013.

I am really worried about the changes that the govt have done. In the guide it says:

New entrants should be subject to the 25th percentile threshold when applying for leave to remain after three years. (In practice this will mean any extension applications which take the migrant’s stay in Tier 2 and/or the work permit arrangements beyond three years, including settlement applications.); and

Will this apply to me? Read below:

For some occupations (such as those in the health and education sectors, part-qualified architects, and barristers undertaking pupillages) the appropriate rates should use bespoke pay scales rather than ‘new entrant’ and ‘experienced’ rates. These occupations will not be subject to the above rules on pay progression.

Can anyone please explain the above paragraph?

Under the 2312 hey have:

2312 Further education teaching professionals
Lecturer or equivalent (new entrant): £21,719
Senior lecturer / advanced teacher and equivalent: £32,421
Further education management / principal lecturer and equivalent: £35,304

Based on the informaion above, which pay should I follow for my extension?

Thanks

In my opinion; if you ve had your visa for more than 3 years when you apply for extension you must be earning at least 32k according to what you said. New entrant is only applicable for the first 3 years. Beyond that point you are classed as "experienced" regardless of your position at work... Sorry for breaking the bad news but it s my interpretation of their intention.

Kevin24 · Post by **Kevin24** » Sun Mar 10, 2013 8:35 pm

I totally in agreement with you. It's likely to be correct/

JS28 · Post by **JS28** » Sun Mar 10, 2013 9:18 pm

timarli wrote:
JS28 wrote:Hi All,

My background: I am an FE college lecturer 2312 and received tier 2 visa on 5th March 2013.

I am really worried about the changes that the govt have done. In the guide it says:

New entrants should be subject to the 25th percentile threshold when applying for leave to remain after three years. (In practice this will mean any extension applications which take the migrant’s stay in Tier 2 and/or the work permit arrangements beyond three years, including settlement applications.); and

Will this apply to me? Read below:

For some occupations (such as those in the health and education sectors, part-qualified architects, and barristers undertaking pupillages) the appropriate rates should use bespoke pay scales rather than ‘new entrant’ and ‘experienced’ rates. These occupations will not be subject to the above rules on pay progression.

Can anyone please explain the above paragraph?

Under the 2312 hey have:

2312 Further education teaching professionals
Lecturer or equivalent (new entrant): £21,719
Senior lecturer / advanced teacher and equivalent: £32,421
Further education management / principal lecturer and equivalent: £35,304

Based on the informaion above, which pay should I follow for my extension?

Thanks

In my opinion; if you ve had your visa for more than 3 years when you apply for extension you must be earning at least 32k according to what you said. New entrant is only applicable for the first 3 years. Beyond that point you are classed as "experienced" regardless of your position at work... Sorry for breaking the bad news but it s my interpretation of their intention.

So I have to be earning 32K?

How can they expect use to earn 9K in 3 years? it's ridiculous :'(

singhilr · Post by **singhilr** » Sun Mar 10, 2013 10:17 pm

can anyone pliz confirm that new salary requirement for a band 5 nurse SOC code 2231 applying for ilr should be £21,176 n not 25% on top of it
http://www.homeoffice.gov.uk/publicatio ... iew=Binary
i am really confused about this 25% coz mine SOC code havn't got new or experienced worker rate.
please reply
thanks

timarli · Post by **timarli** » Mon Mar 11, 2013 11:37 pm

singhilr wrote:can anyone pliz confirm that new salary requirement for a band 5 nurse SOC code 2231 applying for ilr should be £21,176 n not 25% on top of it
http://www.homeoffice.gov.uk/publicatio ... iew=Binary
i am really confused about this 25% coz mine SOC code havn't got new or experienced worker rate.
please reply
thanks

If you are a band 5 nurse you must be earning at least 21.2K. I don't know where you got that 25% from. In that report it doesn't mention anywhere...NOBODY needs to earn 25% more than what's on the list. There is no such thing as "25% on top of anything".

Are you a band 5 nurse? YES.
Then you need to be earning £21.2K if you are applying for extension or settlement.

Kevin24 · Post by **Kevin24** » Tue Mar 12, 2013 11:36 am

timarli wrote:
singhilr wrote:can anyone pliz confirm that new salary requirement for a band 5 nurse SOC code 2231 applying for ilr should be £21,176 n not 25% on top of it
http://www.homeoffice.gov.uk/publicatio ... iew=Binary
i am really confused about this 25% coz mine SOC code havn't got new or experienced worker rate.
please reply
thanks
If you are a band 5 nurse you must be earning at least 21.2K. I don't know where you got that 25% from. In that report it doesn't mention anywhere...NOBODY needs to earn 25% more than what's on the list. There is no such thing as "25% on top of anything".

Thank you for clarifying this 25% increase confusion Mate.

Are you a band 5 nurse? YES.
Then you need to be earning £21.2K if you are applying for extension or settlement.

Kevin24 · Post by **Kevin24** » Tue Mar 12, 2013 5:57 pm

Hi! singhilr, Hope you are satisfied with the clarifications given by timarli.

singhilr · Post by **singhilr** » Tue Mar 12, 2013 6:47 pm

timarli wrote:
singhilr wrote:can anyone pliz confirm that new salary requirement for a band 5 nurse SOC code 2231 applying for ilr should be £21,176 n not 25% on top of it
http://www.homeoffice.gov.uk/publicatio ... iew=Binary
i am really confused about this 25% coz mine SOC code havn't got new or experienced worker rate.
please reply
thanks
If you are a band 5 nurse you must be earning at least 21.2K. I don't know where you got that 25% from. In that report it doesn't mention anywhere...NOBODY needs to earn 25% more than what's on the list. There is no such thing as "25% on top of anything".

Are you a band 5 nurse? YES.
Then you need to be earning £21.2K if you are applying for extension or settlement.

Thanks timarli for clarifying this,i was confused coz in my category neither new entrant nor experienced worker rate is given rather a flat rate is stated.Also in statement of intent it says;

• For some occupations (such as those in the health and education sectors, part-qualified
architects, and barristers undertaking pupillages) the appropriate rates should use bespoke pay
scales rather than ‘new entrant’ and ‘experienced’ rates. These occupations will not be subject
to the above rules on pay progression.

Do you think that is the reason why no new entrant or experienced rate is given in my SOC Code.
Thanks

singhilr · Post by **singhilr** » Tue Mar 12, 2013 7:00 pm

Kevin24 wrote:Hi! singhilr, Hope you are satisfied with the clarifications given by timarli.

yes kevin24, i am very much satisfied with timarli's clarification.What do you think about my above quote from the statement of intent and also how many days before the peo appointment you reckon i should get the employer's letter.
Thanks

tanvirni · Post by **tanvirni** » Fri Mar 15, 2013 6:15 pm

Hi All,
You may already see this link. It got bit more information like more Job Titles.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Kevin24 · Post by **Kevin24** » Fri Mar 15, 2013 7:34 pm

singhilr wrote:
Kevin24 wrote:Hi! singhilr, Hope you are satisfied with the clarifications given by timarli.
yes kevin24, i am very much satisfied with timarli's clarification.What do you think about my above quote from the statement of intent and also how many days before the peo appointment you reckon i should get the employer's letter.
Thanks

With in One month before your PEO appointment you should get your Employer's letter. Is your PEO appointment after 06/04. Then you should check with New Guidance and New SET O form for more details.If at all they are going to change the 12/12 version.

singhilr · Post by **singhilr** » Fri Mar 15, 2013 8:32 pm

Kevin24 wrote:
singhilr wrote:
Kevin24 wrote:Hi! singhilr, Hope you are satisfied with the clarifications given by timarli.
yes kevin24, i am very much satisfied with timarli's clarification.What do you think about my above quote from the statement of intent and also how many days before the peo appointment you reckon i should get the employer's letter.
Thanks
With in One month before your PEO appointment you should get your Employer's letter. Is your PEO appointment after 06/04. Then you should check with New Guidance and New SET O form for more details.If at all they are going to change the 12/12 version.

yes kevin it is after 06/04, but the thing is new form won't be out till 05/04 midnight n i can't leave the employer letter till the last moment,wt u reckon...

Kevin24 · Post by **Kevin24** » Fri Mar 15, 2013 9:27 pm

singhilr wrote:
Kevin24 wrote:
singhilr wrote:
Kevin24 wrote:Hi! singhilr, Hope you are satisfied with the clarifications given by timarli.
yes kevin24, i am very much satisfied with timarli's clarification.What do you think about my above quote from the statement of intent and also how many days before the peo appointment you reckon i should get the employer's letter.
Thanks
With in One month before your PEO appointment you should get your Employer's letter. Is your PEO appointment after 06/04. Then you should check with New Guidance and New SET O form for more details.If at all they are going to change the 12/12 version.
yes kevin it is after 06/04, but the thing is new form won't be out till 05/04 midnight n i can't leave the employer letter till the last moment,wt u reckon...

I think Employer's Letter will be the same as present.There won't be many changes. Better have it draft form and then take the final one after 06/04.

lapppt · Post by **lapppt** » Mon Mar 18, 2013 1:58 am

singhilr wrote:Anyone on tier 2 or work permit applying for settlement after 6th April will hv to meet the revised appropriate minimum salary of their relevant revised occupational code whether they are exempt from the minimum salary threshold or not.the annual salary is given according to 39 hrs per week which was earlier 37.5 hrs per week. It can be prorated according to the weekly contracted hrs.
In some of the occupations salary is split into new entrants and experienced grades.Anyone extending the stay beyond 3 years n 1 month or applying for settlement will be required to be paid at experienced rate.whereas in some occupations only pay scales will apply n they won't be subject to progression of pay.
This is my conclusion of the statement of intent.will be happy if anyone can correct me.
Thnks

Very confused indeed.

lapppt · Post by **lapppt** » Mon Mar 18, 2013 2:19 am

singhilr wrote:http://www.homeoffice.gov.uk/publicatio ... iew=Binary
here we go again,new changes coming into effect fom 6th april 2013 and its gonna effect settlement applications as well

The Revised codes of practice and salary for skilled workersThey have now been incorporated into the Immigration Rules through the latest changes in Immigration Rules HC 1039: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

singhilr · Post by **singhilr** » Wed Mar 20, 2013 8:05 pm

http://www.ukba.homeoffice.gov.uk/sitec ... nts/79-cop
has anyone noticed any changes in the amended version of codes of practice for skilled workers published today.
thanks.

globalindian · Post by **globalindian** » Wed Mar 20, 2013 9:31 pm

As per the Statement of change
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Page 7:
New Pay for ICT Tier 2 Long Term Staff is £40,600 as minimum annual threshold.
Just wanted to check if this is valid for settlement after Apr 06?
In my case I have started as Work Permit and since then extended my Visa. My current visa has gone for an extension again.

Will there be any impact of this new salary threshold on any settlement process?

Thanks

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Revised codes of practice and salary for skilled workers

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