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additonal bonus not mentioned in the COS.

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

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ravisb_2014
Member of Standing
Posts: 369
Joined: Wed Apr 30, 2014 11:27 am

additonal bonus not mentioned in the COS.

Post by ravisb_2014 » Thu Dec 21, 2017 1:13 pm

Hi All,

Apologies if this topic was already discussed.
Recently I extended my T2G visa successfully. Now my employer wants to give a new employment contract that includes additional bonus or commission based on performance.

we recently completed a project successfully and I got bonus for the same.
In my COS, there is nothing mentioned about additional bonus (NIL bonus).
So, if my employer is giving bonus and I am accepting it, are we breaching the T2G rules ?
If yes, is there a way for employer to inform HO or update the bonus through SMS or any.

Experts, please suggest. Thanks in advance.

ravisb_2014
Member of Standing
Posts: 369
Joined: Wed Apr 30, 2014 11:27 am

Re: additonal bonus not mentioned in the COS.

Post by ravisb_2014 » Thu Dec 21, 2017 7:06 pm

I was going through T2G guidelines and got following info from Tier 2 Guidelines for employer and employee or worker.
Tier 2 guidelines for employee says :
1. sponsor does not need to inform HO about annual pay rises or bonuses.
2. also, says to get points against salary, HO does consider payments which cannot be guaranteed, such as bonuses or incentive related pay.

Tier 2 guidelines for employer says about Sponsor duties to inform HO through SMS :
1. a change of salary from the level stated on COS, other than changes due to annual increments or bonuses.
2. Salary info on COS:
gross salary paid to worker must include any permitted allowances and guaranteed bonuses.
a separate figure for the total of all allowances and guaranteed bonuses.
3. The salary package on the COS must not include bonus or incentive pay which is not guaranteed.
4. allowances and guaranteed bonuses cannot include benefits such as overtime, bonus or incentive pay which is not guaranteed.

In my employment contract, it says :
In addition to the base salary provided the employer shall pay to the employee a series of bonuses/commission (the amount of each of which shall be agreed between the employer and the employee acting reasonably) the payment of each of which shall be dependent upon the completions of some task within the time frame which the employer and the employee shall acting reasonably agree. Payment shall be made if the task is completed. The employer reserves the right at any time to vary the scheme and the employee will be given 4 weeks’ notice of any such changes.

As per my understanding, we are good as it's not a guaranteed amount.
Experts, if you see any issue, please highlight as I am in little dilemma. Thank again for your help

ravisb_2014
Member of Standing
Posts: 369
Joined: Wed Apr 30, 2014 11:27 am

Re: additonal bonus not mentioned in the COS.

Post by ravisb_2014 » Fri Dec 22, 2017 9:55 am

any suggestion from expert please.

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