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Minimum Salary for WP?

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tobiashomer
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Minimum Salary for WP?

Post by tobiashomer » Sun Nov 25, 2007 7:25 am

My daughter is in her second year of working on a Fresh Talent WISS visa (in Scotland of course). Her employer is a small company but wants to sponsor her for a WP, though they have never done this before. Her salary is at present just under £14K. Besides advertising and justifying why she is better than EU applicants, would they have to offer her a much higher salary to qualify for a WP?

I understand she could switch to a WP from WISS without leaving the country providing the job is in Scotland? what if they offer her a job in their London office (of a Scottish company)?

thanks to anyone with experience of this sort of thing.

avjones
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Post by avjones » Sun Nov 25, 2007 9:59 am

What kind of job is it? How specialised? Does her education relate directly to the job? What is her nationality?

From the WP internal guidance:

Salary can sometimes provide a valuable indicator as to the level of the post
on offer. Some sectors have a structured pay scale correlating with job grade, (for example, the NHS) which can be used by the caseworker when assessing whether the job requires sufficient skill, qualification and/or experience to meet the work permit criteria. The occupation sheet and occupation book will give a guide, alternatively relevant Internet sites and governing bodies may be able to offer a guide.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

tobiashomer
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Post by tobiashomer » Mon Nov 26, 2007 6:15 am

She works as an editorial assistant in one of Scotland's better-knwn publishing companies. she was born in the US and has an MA from a Scottish university in English Lit which is very relevan; she has a lot of equally relevant summer and extra-curricular credentials. she also has French which is useful in her job, which is very difficult for a non-native-English speaker to perform. unfortunately it is a sector with low entry-level salaries, as I said she is earning about (just under) £14K.

grateful for your guidance!

VictoriaS
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Post by VictoriaS » Mon Nov 26, 2007 8:43 am

In order to assess I'd need to see a CV and a detailed job description. If you'd like me to have a look, please e-mail to victoria.sharkey@medivisas.com


Victoria
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avjones
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Post by avjones » Mon Nov 26, 2007 10:06 am

It's hard to say on the specifics, but in order to get a WP your daughter's employer would have to show that no EU person was available to do the job, which might be tricky.

Does she qualify for HSMP?
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

tobiashomer
Junior Member
Posts: 92
Joined: Mon Apr 10, 2006 6:24 pm

Post by tobiashomer » Mon Nov 26, 2007 1:45 pm

avjones, she would not qualify for HSMP with a salary history like that. we can work with the employer to write a killer advert (required 1st degree MA hons. in eng Lit, fluent french, at least 2 years experience in that kind of job etc.) and job description tailored to her profile. but if there is no way a salary of less than £20K will fly then it is probably not worth trying. what is the lowest salary you have heard of qualifying for a WP?

avjones
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Post by avjones » Mon Nov 26, 2007 1:59 pm

She might, if she has a PhD plus age points plus UK experience.

The salary is not a fixed thing. I can't remember the lowest salary I've seen being successful, though.

The ad is a problem - it needs to be objectively justifiable to put the requirements in, not so that the ad is tailored for your daughter.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

SYH
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Post by SYH » Mon Nov 26, 2007 2:06 pm

avjones wrote:It's hard to say on the specifics, but in order to get a WP your daughter's employer would have to show that no EU person was available to do the job, who is willing to work for under 20k

Does she qualify for HSMP? Forget HSMP, how will she meet the income requirments under 20k?

avjones
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Post by avjones » Mon Nov 26, 2007 2:14 pm

PhD plus Uk experience plus max age points would do it, I think?

One thing that WP check is if the salary is the industry norm for the job as offered.

Pay (going rates)

The pay and other conditions of employment should at least be equal to those normally given to a resident worker doing similar work. The occupation sheets and the Connexions Website give a good guide as to what most resident workers receive doing particular jobs. Caseworkers should only accept salaries that are at least equal to those indicated. More information about conditions of employment can be found on the DTI
website http://www.dti.gov.uk/er/work_time_regs/wtr0.htm
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

tobiashomer
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Posts: 92
Joined: Mon Apr 10, 2006 6:24 pm

Post by tobiashomer » Tue Nov 27, 2007 4:57 am

thanks avjones, but she only has an MA (1st class, 4-year undergraduate degree in the Scottish system). Even at age 22 I don't think she qualifies for HSMP.

tobiashomer
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Post by tobiashomer » Fri Nov 30, 2007 2:41 pm

actually I never got any advice about what the minimum salary would be for someone working in her field and at her level (book publishing as editorial assistant). do they take into account the fact that life is a lot cheaper, and salaries lower, in Scotland than in london (where most publishing jobs are)? I heard a number of £21,000 as an apparent minimum for WP; if so that is unrealistic in her field, certainly in Scotland.

does anyone have any experience with these matters?

thanks

VictoriaS
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Post by VictoriaS » Fri Nov 30, 2007 3:07 pm

Yes, they do take this into account.

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tobiashomer
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Post by tobiashomer » Fri Nov 30, 2007 3:33 pm

thanks Victoria. one other question... or perhaps two.

she is already working in the company that wants to sponsor her, in Scotland of course. apparently the rules allow someone moving from WISS to WP (provided the job and employer are in Scotland) to switch in-country, i.e. without leaving as she would have to do to take a job in England. WISS is specifically designed to facilitate what she and her employer want to do and the rules even make it easier to switch status.

So how rigorously are the rules applied to a WISS participant who found a job in Scotland and whose employer really wants to keep her?

there were several dozen applicants for the job she got; but her qualifications are not unique. the fact that she already will have 2 years with this employer is her strongest advantage. there will be responses to the advertisement for her post when it appears, and some UK applicants will have good qualifications on paper. but if the company really wants to keep her and works with a qualified advisor to get the forms and advert right, does she have a good chance even at a salary as low as, say £15,000? If the employer does use an immigration lawyer or advisor, should it be someone based in Scotland?

thanks
tobias homer

VictoriaS
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Post by VictoriaS » Fri Nov 30, 2007 3:42 pm

The rules will still be applied just as rigorously.

tobiashomer wrote: If the employer does use an immigration lawyer or advisor, should it be someone based in Scotland?

No, it should be the best person for the job - perhaps even me! :D

Victoria
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