Tier 2 - prorata salary

[avi123]

Dear friends,

I need some valuable suggestions regarding pro rata salary. i am currently working with a company for 30 hours a week and earning enough to meet the requirements of a graduate occupation list code, only if my salary is prorata.

I went to one of the solicitor and he said that i am eligible as the salary can be pro ratad according to 37.5 hours. However another solicitor said i am not eligible, as i am not working 37.5 hours.

My earning is 20k as per 30 hours.

Please advise, if i am eligible for tier 2 application even though i am not working 37.5 hours.

Seniors, your expert opinion would be highly appreciated.

thanks

[jpizzle]

Dear friends,

I need some valuable suggestions regarding pro rata salary. i am currently working with a company for 30 hours a week and earning enough to meet the requirements of a graduate occupation list code, only if my salary is prorata.

I went to one of the solicitor and he said that i am eligible as the salary can be pro ratad according to 37.5 hours. However another solicitor said i am not eligible, as i am not working 37.5 hours.

My earning is 20k as per 30 hours.

Please advise, if i am eligible for tier 2 application even though i am not working 37.5 hours.

Seniors, your expert opinion would be highly appreciated.

thanks

What are the salary requirements under your SOC?

[avi123]

In the graduate occupation list the salary requirement is 12.51 per hour. They havnt mentioned the requirement per annum. Its customer care manager.

[jpizzle]

In the graduate occupation list the salary requirement is 12.51 per hour. They havnt mentioned the requirement per annum. Its customer care manager.

And what is your current visa status?

[avi123]

I am on a psw visa now and it expires in august. what do you reckon my chances are? What is the minimum number of hours required for work permit? the guidance mentions that it awards points for maximum of 48 hours, however it doesn't say any anything about the minimum hours they would consider for pro rata salary.

[jpizzle]

I am on a psw visa now and it expires in august. what do you reckon my chances are? What is the minimum number of hours required for work permit? the guidance mentions that it awards points for maximum of 48 hours, however it doesn't say any anything about the minimum hours they would consider for pro rata salary.

Well I have gone through the guidance and I'm none the wiser. The guidance says:
"Appropriate salary rates are based on a 37½ hour working week, unless otherwise stated. Salaries should be pro-rated for other working patterns."

I couldn't find anywhere else in the guidance about what hours the job should be. So from my understanding of it, yes you should be eligible for a tier 2 visa as you have suggested, although please do not take my word for it, I could be wrong and have missed something.

You would have to really question why two different solicitors have opposing opinions on it. You should get them both to point you to the relevant guidance/immigration rules on this to make sure.

Once you have checked for sure that you will be eligible, you better get a RLMT underway. Details of working hrs and pay will have to be stipulated in the adverts amongst other important details. Are you appointing a solicitor to carry out these duties?

[avi123]

Thanks a lot for the prompt reply. As I am on a psw and have been with the company for 6 months in the same job, I don't think I would need a rlmt. Do you know any one who has had a similar case like mine or any good solicitor who can assist me in this?

[ddb]

Dear friends,

I need some valuable suggestions regarding pro rata salary. i am currently working with a company for 30 hours a week and earning enough to meet the requirements of a graduate occupation list code, only if my salary is prorata.

I went to one of the solicitor and he said that i am eligible as the salary can be pro ratad according to 37.5 hours. However another solicitor said i am not eligible, as i am not working 37.5 hours.

My earning is 20k as per 30 hours.

Please advise, if i am eligible for tier 2 application even though i am not working 37.5 hours.

Regarding pro-rata, I believe the first solicitor is right. You would be eligible for Tier 2 (General) only if your company is hiring/wants to hire you on a less than 12 months contract. See paragraph 77, on page 16, of the Tier 2 policy guidance. If this is not the case, the second solicitor is right about you not being eligible.

In the graduate occupation list the salary requirement is 12.51 per hour. They havnt mentioned the requirement per annum. Its customer care manager.

I believe your earnings would be calculated (based on 30 hrs a week) as 12.51x30x52 which doesn't cross the £20,000 threshold.

Before you make an application, I think you should make sure you sort things out with your company so that whatever is put down on your CoS ties in with the codes of practice and crosses the salary threshold.

As I am on a psw and have been with the company for 6 months in the same job, I don't think I would need a rlmt.

Yeh, a RLMT is not required.