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Salary Code of Practice Query

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

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koolguykvs
Junior Member
Posts: 86
Joined: Tue Dec 06, 2011 12:25 pm
Location: United Kingdom

Salary Code of Practice Query

Post by koolguykvs » Tue Dec 06, 2011 2:55 pm

Hi Guys,
My job profile is Graduate Test Engineer and salary is 22K. But on SOC (J) closest job profiles suiting mine are :

Test Analyst - 28K £
Software Test Engineer - 31K £

Also i am entitled for a hike in Jan,2012. What is the best possible thing i can do get a visa???

arsenal49
Diamond Member
Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Tue Dec 06, 2011 4:57 pm

if its been more than 12 months since you were awarded degree... then you need to be paid at least 28k to satisfy the criteria for tier 2 General COS

koolguykvs
Junior Member
Posts: 86
Joined: Tue Dec 06, 2011 12:25 pm
Location: United Kingdom

Post by koolguykvs » Tue Dec 06, 2011 5:02 pm

arsenal49 wrote:if its been more than 12 months since you were awarded degree... then you need to be paid at least 28k to satisfy the criteria for tier 2 General COS
Thanks for your response.

i have joined the company in Oct,2010 (and its been more than a year with company). And i was graduated in Jan,2010. But the role is Graduate Test Engineer since i joined and i am awaiting salary review in Jan,2012.

What would be your best suggestion for me????

arsenal49
Diamond Member
Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Tue Dec 06, 2011 5:07 pm

you are no longer 'graduate' in the eyes of ukba!

you need to satisfy the condition of your new SOC code...

your employer's interpretation of graduate role is different than UKBA's!

get your salary hiked to 28k!!!

koolguykvs
Junior Member
Posts: 86
Joined: Tue Dec 06, 2011 12:25 pm
Location: United Kingdom

Post by koolguykvs » Tue Dec 06, 2011 5:15 pm

arsenal49 wrote:you are no longer 'graduate' in the eyes of ukba!

you need to satisfy the condition of your new SOC code...

your employer's interpretation of graduate role is different than UKBA's!

get your salary hiked to 28k!!!
Thanks arsenal49 :)

if in case my company hikes my salary to 28K in Jan or before i make application, will that be still valid??

And one generic question, Would a company in common increase salary at that rate from 22K to 28K(I just want to know the possibility)

Cheers

arsenal49
Diamond Member
Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Tue Dec 06, 2011 7:23 pm

it doesnt matter what you are getting paid currently assuming you are on psw visa.

28k must be what your company must pay from the date mentioned on your COS start date or whenever you get tier 2 visa, whichever is the earliest.

22k to 28k is quite a hike. if they wanna employ you...then they dont have any other option but to pay u that much!

koolguykvs
Junior Member
Posts: 86
Joined: Tue Dec 06, 2011 12:25 pm
Location: United Kingdom

Post by koolguykvs » Wed Dec 07, 2011 9:28 am

arsenal49 wrote:it doesnt matter what you are getting paid currently assuming you are on psw visa.

28k must be what your company must pay from the date mentioned on your COS start date or whenever you get tier 2 visa, whichever is the earliest.

22k to 28k is quite a hike. if they wanna employ you...then they dont have any other option but to pay u that much!
22 to 28 is not a regular hike and that is what worrying me. I have a doubt, can i request my employer to put my pay as 28K just for records sake?? Or else do you have any alternatives for my case ( I am asking this because you might have seen cases like mine previously and some possible solution). Please help me out with this. Thanks

arsenal49
Diamond Member
Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Wed Dec 07, 2011 10:29 am

what you are suggesting is a fraud! with serious implications for you and your employer, if UKBA ever caught you...

Try to come up with a deal with your employer that would see you 'voluntarily' working for your employer 'to meet the demands of your customers' on ad hoc basis.

So, for example... tell your employer you will ACTUALLY , through your own accord, will be working 45 hours a week (assuming its 37.5 hrs currently).
So, on paper it is as if you are working 37.5 hours but in reality you are 'volunteering' 7-ish hours more and that should bump up your salary... just one example!

So, basically you will have been paid 52 days more through this arrangement!

madona587
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Location: London

Post by madona587 » Wed Dec 07, 2011 10:29 am

koolguykvs wrote:
arsenal49 wrote:it doesnt matter what you are getting paid currently assuming you are on psw visa.

28k must be what your company must pay from the date mentioned on your COS start date or whenever you get tier 2 visa, whichever is the earliest.

22k to 28k is quite a hike. if they wanna employ you...then they dont have any other option but to pay u that much!
22 to 28 is not a regular hike and that is what worrying me. I have a doubt, can i request my employer to put my pay as 28K just for records sake?? Or else do you have any alternatives for my case ( I am asking this because you might have seen cases like mine previously and some possible solution). Please help me out with this. Thanks
That would be against immigration laws. I believe if found they will revoke your employers license and possibly your visa as well. Don't risk it, I was in a similar situation as you. try to speak to your boss. Explain him/her your situation. Explain how you can bring a lot to your company in future. maybe do some sort of a deal :)
In three words I can sum up everything I've learned about life: it goes on :)

koolguykvs
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Posts: 86
Joined: Tue Dec 06, 2011 12:25 pm
Location: United Kingdom

Post by koolguykvs » Wed Dec 07, 2011 10:47 am

madona587 wrote:
That would be against immigration laws. I believe if found they will revoke your employers license and possibly your visa as well. Don't risk it, I was in a similar situation as you. try to speak to your boss. Explain him/her your situation. Explain how you can bring a lot to your company in future. maybe do some sort of a deal :)
Thanks Madona587. I would try the suggested.

What i actually meant was. If in case my employer hesitates giving me such hike, i would offer him that:

'Suppose if my salary is hiked to 25K he would pay 28K into my account which would reflect on records and then i would transfer share of 3K back to the accountant every month. Or else start of every month i would transfer the excess amount and in return the accountant adds that up to my salary'

I know this is not something easy or legal but i was just thinking of possibilities.

But in first case i would really want my employer to get my salary hiked

Greenie
Respected Guru
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United Kingdom

Post by Greenie » Wed Dec 07, 2011 11:33 am

koolguykvs wrote:
madona587 wrote:
That would be against immigration laws. I believe if found they will revoke your employers license and possibly your visa as well. Don't risk it, I was in a similar situation as you. try to speak to your boss. Explain him/her your situation. Explain how you can bring a lot to your company in future. maybe do some sort of a deal :)
Thanks Madona587. I would try the suggested.

What i actually meant was. If in case my employer hesitates giving me such hike, i would offer him that:

'Suppose if my salary is hiked to 25K he would pay 28K into my account which would reflect on records and then i would transfer share of 3K back to the accountant every month. Or else start of every month i would transfer the excess amount and in return the accountant adds that up to my salary'

I know this is not something easy or legal but i was just thinking of possibilities.

But in first case i would really want my employer to get my salary hiked
people aren't going to advice you on how to break the immigration rules - so if that's what you want then you're looking in the wrong place.

koolguykvs
Junior Member
Posts: 86
Joined: Tue Dec 06, 2011 12:25 pm
Location: United Kingdom

Post by koolguykvs » Wed Dec 07, 2011 11:49 am

Greenie wrote: people aren't going to advice you on how to break the immigration rules - so if that's what you want then you're looking in the wrong place.
haha sorry about that. i was in a tensed mood, so i am looking for every possible solution. OK i will try what madona has suggested. Thanks for your help

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