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Salary below 'Appropriate' and CoS
Posted: Sun Sep 20, 2020 1:09 pm
by DAKMIT
Hello All,
I think I might have a major issue in my upcoming ILR Application. ( Tier2-General 5 Year Route)
For the last 4 and half years, neither me nor my employer realized that they have NOT been paying me 'Appropriate Salary' according to the Code of Practice and also what was mentioned on CoS.
Now while I was reviewing the requirements for ILR application, I immediately highlighted the problem and now they have increased my salary above both standards--would be for the last 6-7 months of my 5 years period.
Any similar experiences? I am not sure if I should try for ILR or Extension.
Any advise would be highly appreciated.
PS: I do NOT refer to 'Minimum salary threshold' here in which case only current salary matters.
Thanks in advance.
Re: Salary below 'Appropriate' and CoS
Posted: Sun Sep 20, 2020 10:55 pm
by srsw
You need to provide more info. What's your soc code, weekly hours & salary mentioned in cos and what you've been paid so far.
Did your employer report the increased salary to ukvi? If it's a huge jump from previous salary and not something part of your annual increase (along with rest of the staff) then ukvi can initiate further enquiries.
Re: Salary below 'Appropriate' and CoS
Posted: Sun Oct 18, 2020 11:51 am
by DAKMIT
Hi srsw,
Thanks for your reply.
SOC: 2126, I was provided with 5 year visa so meant to be practicing 'Experienced category' I believe.( 33k).Cos said 34k.
I started with 24k and have had some increments. I was on 30k when I realized the issue and requested the increase to 35k.
It is a small scale company so any increments are not necessarily Annual increments. Is the employer meant to report any and every salary increase?
What are your thoughts based on above data?Do they do these checks?Btter to try for Extension?
Thanks in advance.
Re: Salary below 'Appropriate' and CoS
Posted: Sun Oct 18, 2020 12:17 pm
by srsw
DAKMIT wrote: ↑Sun Oct 18, 2020 11:51 am
Hi srsw,
Thanks for your reply.
SOC: 2126, I was provided with 5 year visa so meant to be practicing 'Experienced category' I believe.( 33k).Cos said 34k.
I started with 24k and have had some increments. I was on 30k when I realized the issue and requested the increase to 35k.
It is a small scale company so any increments are not necessarily Annual increments. Is the employer meant to report any and every salary increase?
What are your thoughts based on above data?Do they do these checks?Btter to try for Extension?
Thanks in advance.
How many hours per week was mentioned on your COS?
Yes, if it's 5 year visa then experienced salary will apply in your case.
For your SOC code you are supposed to get £33k per annum based on 39 weekly working hours.
Annual increments based on appraisals and if it's company wide policy then employer doesn't need to report to UKVI, however, if there is a big increase and if it's only for you then they are supposed to update UKVI via SMS system.
If they haven't paid you what was mentioned in the COS then they are already in breach of immigration rules and could face hefty penalties and licence suspension if UKVI run any checks/investigation. They randomly do such checks or if they suspect any wrongdoing by the employer/employee.
You also won't meet the £35,800 per year (£36,200 after April 2020) minimum ILR salary requirement at this stage.
Re: Salary below 'Appropriate' and CoS
Posted: Sun Oct 18, 2020 2:10 pm
by DAKMIT
srsw wrote: ↑Sun Oct 18, 2020 12:17 pm
DAKMIT wrote: ↑Sun Oct 18, 2020 11:51 am
Hi srsw,
Thanks for your reply.
SOC: 2126, I was provided with 5 year visa so meant to be practicing 'Experienced category' I believe.( 33k).Cos said 34k.
I started with 24k and have had some increments. I was on 30k when I realized the issue and requested the increase to 35k.
It is a small scale company so any increments are not necessarily Annual increments. Is the employer meant to report any and every salary increase?
What are your thoughts based on above data?Do they do these checks?Btter to try for Extension?
Thanks in advance.
How many hours per week was mentioned on your COS?
Yes, if it's 5 year visa then experienced salary will apply in your case.
For your SOC code you are supposed to get £33k per annum based on 39 weekly working hours.
Annual increments based on appraisals and if it's company wide policy then employer doesn't need to report to UKVI, however, if there is a big increase and if it's only for you then they are supposed to update UKVI via SMS system.
If they haven't paid you what was mentioned in the COS then they are already in breach of immigration rules and could face hefty penalties and licence suspension if UKVI run any checks/investigation. They randomly do such checks or if they suspect any wrongdoing by the employer/employee.
You also won't meet the £35,800 per year (£36,200 after April 2020) minimum ILR salary requirement at this stage.
Hi srsw,
Thank you.Min threshold should not be an issue as my job falls in shortage occ. I read and now understand the employer duties. But what does it mean for me as what has happened in the past ha happened.
Any advise on my application?
Thanks
Re: Salary below 'Appropriate' and CoS
Posted: Sun Oct 18, 2020 3:30 pm
by srsw
Yeah, in that case ILR minimum salary won't apply.
Asking for the third time...How many hours per week was mentioned on your COS? This is important to understand the gap between your current pay & required pay!!!