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TIER 2 lower salary. NEED ADVICE

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

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MariannaChris
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Posts: 8
Joined: Tue Jan 07, 2014 1:20 am

TIER 2 lower salary. NEED ADVICE

Post by MariannaChris » Tue Jan 07, 2014 2:15 am

Hello,


Could you please give me recommendation?

I am currently on TIER 2 General but in the autumn I lost my job.

I got a number of interviews and was offered a position in a company with Sponsorship License.

The problem is my job will be Digital Sales Consultant in Codes of Practices the closest one is

3545 Sales accounts and business development managers with the minimum salary £29 500 based on 39 working hours a week.

The company is ready to pay me £22000 basic salary (which is more then minimum salary for TIER 2 applications in general £20300)

+ commission based on my performance.

I will appreciate an advice on the options I have with this job and salary. What bonus could be added? or may be it is acceptable if I will work less hours and still get £22000?

ayesha.aykhan
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Posts: 30
Joined: Sun Sep 01, 2013 4:29 pm

Re: TIER 2 lower salary. NEED ADVICE

Post by ayesha.aykhan » Tue Jan 07, 2014 5:49 pm

Hi,

You can use prorata salary calculation according to your selective SOC code. When i got my Tier 2, the minimum salary for me was 26K based on 37.5 hours per week. My salary at that time was 25K and my employer was not willing to raise so they pulled my working hours down from 37.5 to 37 and I managed to get my visa

MariannaChris
Newly Registered
Posts: 8
Joined: Tue Jan 07, 2014 1:20 am

Re: TIER 2 lower salary. NEED ADVICE

Post by MariannaChris » Tue Jan 07, 2014 11:31 pm

ayesha.aykhan thank you for your reply. This is actually surprising because I called Home Office today and they told me that
it must be a full-time job which since 2013 means 39 hours a week. It is either some recent TIER2 changes or Home Office doesn't
provide the right info

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: TIER 2 lower salary. NEED ADVICE

Post by manci » Wed Jan 08, 2014 2:59 pm

MariannaChris wrote: I am currently on TIER 2 General but in the autumn I lost my job.

I got a number of interviews and was offered a position in a company with Sponsorship License.

The problem is my job will be Digital Sales Consultant in Codes of Practices the closest one is

3545 Sales accounts and business development managers with the minimum salary £29 500 based on 39 working hours a week.

The company is ready to pay me £22000 basic salary (which is more then minimum salary for TIER 2 applications in general £20300)

+ commission based on my performance.

I will appreciate an advice on the options I have with this job and salary. What bonus could be added? or may be it is acceptable if I will work less hours and still get £22000?

I called Home Office today and they told me that
it must be a full-time job which since 2013 means 39 hours a week
The immigration enquiry helpline, which you presumably rang, sometimes gives incorrect advice.

There is in fact no requirement for any minimum weekly hours of work on T2G and the actual salary can be pro-rated down in the ratio of actual hours to 39 (provided the appropriate salary for the particular job is given for 39 hours in Appendix J). However, the salary after pro-rating cannot be less than £20,300 regardless of the number of hours worked.

Bonus can only be included in the salary if it is guaranteed.

Assuming there is no guaranteed bonus then with a salary of £22k you can only work 29 hours/week under job SOC code 3545:

29500/39*52 = £14.54 min hourly rate

22000/29*52 = £14.58 actual hourly rate

MariannaChris
Newly Registered
Posts: 8
Joined: Tue Jan 07, 2014 1:20 am

Re: TIER 2 lower salary. NEED ADVICE

Post by MariannaChris » Wed Jan 08, 2014 4:05 pm

Manci, thanks a lot for your detailed reply.

I wasn't sure that the HO help line gave me a correct answer as they were absolutely unprepared for other questions.

But I am still a bit confused, may be you could comment on this line in a Codes of Practice for Skilled Workers. what do they mean?: You cannot claim pro rata earnings if you will be working part-time. Part-time workers can only score points for their actual earnings.

And I am also going to discuss with the employer regarding guaranteed bonuses. Could you give me idea where to find information, examples of allowances and bonuses?

Many thanks!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: TIER 2 lower salary. NEED ADVICE

Post by manci » Wed Jan 08, 2014 7:16 pm

MariannaChris wrote:Manci, thanks a lot for your detailed reply.

I wasn't sure that the HO help line gave me a correct answer as they were absolutely unprepared for other questions.
You can get more reliable advice if you ring the UKBA employer helpline on 0300 123 4699 - speak as if you were an employer, you don't have to give your name or any contact details

But I am still a bit confused, may be you could comment on this line in a Codes of Practice for Skilled Workers. what do they mean?: You cannot claim pro rata earnings if you will be working part-time. Part-time workers can only score points for their actual earnings.
There is no definition or distinction between full-time and part term working in the code of practice for T2. In the example I gave you would be working only 29 hours/week , i.e. part-time by most people's reckoning, yet you would comply with the rules

And I am also going to discuss with the employer regarding guaranteed bonuses. Could you give me idea where to find information, examples of allowances and bonuses?
This is a matter for negotiation between you and the employer, after all, if they want to employ you they can only do so if they comply with the rules.

Many thanks!

keikeichris
Junior Member
Posts: 70
Joined: Wed Nov 12, 2008 11:50 pm

Re: TIER 2 lower salary. NEED ADVICE

Post by keikeichris » Thu Jan 09, 2014 5:48 pm

Hi there,

I am currently under the job title 5434 and under (tier 2 general) and ready to extend this April, the appropriate salary was 23K

under the new COP 5434 Skilled chef is at least 29K

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

(Dont know if this is correct)

so does it mean to extend my tier 2 VISA this April, I have to have at least this minimum salary? And if so, Do I need to have this salary before my extension? Will I not be able to keep the same salary 23K ? I have been in this job for almost 5 years.
I Have also heard from some people that I will not be able to extend as a Chef anymore. I am confused, please help.

Many thanks
Chris

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: TIER 2 lower salary. NEED ADVICE

Post by manci » Thu Jan 09, 2014 6:40 pm

@keikechris
you have already been given an answer to your question in your earlier thread:
http://www.immigrationboards.com/uk-tie ... hilit=chef
If you have any more questions please continue there.

keikeichris
Junior Member
Posts: 70
Joined: Wed Nov 12, 2008 11:50 pm

Re: TIER 2 lower salary. NEED ADVICE

Post by keikeichris » Fri Jan 10, 2014 6:22 pm

Check your visa, if it is Tier 2 Established Staff then it was granted under the pre-6 April 2011 rules and in this case for your extension the job only needs to be NQF level 3

What does established Staff mean? How do I find out which Rule they were using?

PSW VISA ran out 6 Mar 2011, Application was sent without COS and also supplied a letter to UKBA to wait for the new rule 6th April (because initial COS was rejected) then my employer reapply new COS unrestricted and got it on the 13 April. And my COS stated that my work start from 14th April.


A min. £29,570 salary would only be required if you wanted to claim that the job is a shortage occupation.

As an experienced chef your job under SOC code 5434 will be NQF level 3 and £23,000 salary should be OK.

If my job isn’t claim as Shortage occupation, does it mean my company will have to advertise the job on the market and eventho I am just continuing my current position? And they are happy to renew the contract?

Many thanks
Chris

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: TIER 2 lower salary. NEED ADVICE

Post by manci » Fri Jan 10, 2014 6:47 pm

keikeichris wrote:Check your visa, if it is Tier 2 Established Staff then it was granted under the pre-6 April 2011 rules and in this case for your extension the job only needs to be NQF level 3

What does established Staff mean? How do I find out which Rule they were using?
What is the start date of your first T2 leave as shown on your BRP or passport and what is the description of the leave?

PSW VISA ran out 6 Mar 2011, Application was sent without COS and also supplied a letter to UKBA to wait for the new rule 6th April (because initial COS was rejected) then my employer reapply new COS unrestricted and got it on the 13 April. And my COS stated that my work start from 14th April.


A min. £29,570 salary would only be required if you wanted to claim that the job is a shortage occupation.

As an experienced chef your job under SOC code 5434 will be NQF level 3 and £23,000 salary should be OK.

If my job isn’t claim as Shortage occupation, does it mean my company will have to advertise the job on the market and eventho I am just continuing my current position?
RLMT is not needed for extensions if you stay with the same employer

And they are happy to renew the contract?
only your employer can tell

Many thanks
Chris

keikeichris
Junior Member
Posts: 70
Joined: Wed Nov 12, 2008 11:50 pm

Re: TIER 2 lower salary. NEED ADVICE

Post by keikeichris » Sun Jan 12, 2014 4:53 pm

on the card it says 18-4-2001, restricted work, tier 2 (General) leave to remain.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: TIER 2 lower salary. NEED ADVICE

Post by manci » Sun Jan 12, 2014 8:31 pm

@keikechris
please continue in your other thread:
http://www.immigrationboards.com/uk-tie ... ml#p974584

Note that there has been some confusion - your are on T2 General, not T2 ICT, therefore the reference to Established Staff was incorrect

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