T2 via Transitional Arrangement-ILR, but SoC Issue-Urgent!!

[prak]

Hi,
I was on WP since Feb 2009 till Dec 2010 with salary @ £21.5K; then had to apply on transitional arrangement in Dec 2010 with a CoS (SoC 2312) with £22k salary. I did not have to score any points of this; had applied for 3 years, but only got 2yrs leave till Dec 2012. Following this, I applied for extension using T2 (W) [Free of Charge] application, which was granted till Feb 2014. This did not require a new CoS, but just the employer's letter which stated I was being paid at the level of CoS. At the moment, my salary is at £23.5K.
Now that the salary levels for SoC 2312 has changed; I have received following conflicting advices:
1. My application for ILR would be refused as the minimum threshold only applies to 'New Entrant' & my salary is lower than the next level stated - £32.4K

2. I will definitely be eligible for ILR as I have salary higher than SoC, but since I was on T2 arrangement before 6 Apr 2011, I am subjected to old rules.

a. Which one should I believe??
b. If the first one comes be true, what options would I have?
(Planning for PEO application - Please Help)

[manci]

According to the guidance for T2(W) extensions you have to meet the settlement criteria in force at the time when you apply for ILR.

Current rules state that your salary must be at least the minimum given in Appendix J of the Immigration Rules.

You may, repeat may, be eligible for the new entrant rate if you are under 26 (are you?) but this would need further looking into.

[prak]

Hi Manci,

Thank you for your prompt reply.
I am not under 26 - actually over few years over 30 now.
What do you think my options would be?

[prak]

According to the guidance for T2(W) extensions you have to meet the settlement criteria in force at the time when you apply for ILR.

Current rules state that your salary must be at least the minimum given in Appendix J of the Immigration Rules.

You may, repeat may, be eligible for the new entrant rate if you are under 26 (are you?) but this would need further looking into.

Doing some calculations on SoC 2312 salary levels (SoC 2000 & SoC 2010), I find that I'd be expected to be earning nearly 47% higher than my original CoS on Dec 2010 (i.e. from £22K to £32.4K), within 3years time, i.e. 16% annual increase in 2011, 2012 & 2013. This is at a time when public salary was frozen at 1% and recommendation for MP's salary of 11% increase is being abhorred.
This sound so unfair!

[manci]

might you not have been underpaid in 2010?
http://www.prospects.ac.uk/higher_educa ... salary.htm

[prak]

might you not have been underpaid in 2010?
http://www.prospects.ac.uk/higher_educa ... salary.htm

I would Not be an HE lecturer, but FE. And according to SoC 2010 (For 2312, Not 2311), my salary is above the 'New Entrant' (£21.4K). Conspicuously though, unlike for SoC 2311; there is No Mention of 'Experienced' rate for 2312. The next level up is for Senior Lecturer at £32.4K.
Again, I am not a Senior Lecturer, but I could be an 'Experienced' FE lecturer. However, there is no explicit mention of the appropriate salary level.

[prak]

Hi Manci,

I went through the link you sent me, and I also went to the UCU FE-payscale website:
http://www.ucu.org.uk/fescales_england#ul

This shows the spine points for salary level. As I am an unqualified lecture - I have not received a QTS yet - even the top spine point 21 shows a salary level of £22,192 for Aug 2012. But mine is £23.5k since Nov 2013.

Could I proceed arguing that I have appropriate salary as Unqualified FE lecturer (SoC 2312), as there is no mention of 'Unqualified' lecturer (This used to be there on SoC 2000)?

[manci]

the salaries for SOC code 2312 are:

 Lecturer or equivalent (new entrant): £21,719
 Senior lecturer / advanced teacher and equivalent: £32,421
 Further education management / principal lecturer and equivalent: £35,304

I think the first of the three may well apply to you. "New entrant" is in brackets and probably means lecturer AND new entrants rather than lecturer BUT ONLY new entrants. The Teachers' national payscale may be also worth checking.

Suggest you phone the UKBA employer helpline for clarification (0300 123 4699). Explain the situation and pretend that you are a sponsor who has to certify (for an ILR application) that the migrant is paid the appropriate rate according to the code of practice. They don't ask names, the enquiry can be made anonymously. Don't bring words like "fairness" into the discussion, stick to the wording of the rules and how to interpret them.

[prak]

the salaries for SOC code 2312 are:

 Lecturer or equivalent (new entrant): £21,719
 Senior lecturer / advanced teacher and equivalent: £32,421
 Further education management / principal lecturer and equivalent: £35,304

I think the first of the three may well apply to you. "New entrant" is in brackets and probably means lecturer AND new entrants rather than lecturer BUT ONLY new entrants. The Teachers' national payscale may be also worth checking.

Suggest you phone the UKBA employer helpline for clarification (0300 123 4699). Explain the situation and pretend that you are a sponsor who has to certify (for an ILR application) that the migrant is paid the appropriate rate according to the code of practice. They don't ask names, the enquiry can be made anonymously. Don't bring words like "fairness" into the discussion, stick to the wording of the rules and how to interpret them.

The 'New Entrant' has been defined on Pg 5 of CoP, and on Pg. 6 they have stated that Experience pay level is at 25th Percentile of FT workers in Annual Survey of Hours & Earning (ASHE) from ONS. & New Entrant at 10th Percentile. http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf

I checked the 25th Percentile from ASHE from ONS for SoC 2312 (FE lecturers) which is at £28.2K. However it makes no distinctions for Qualified and Unqualified lecturer (SoC 2000 did mention this distinction).

I also checked "School Teachers’ Pay and Conditions Document 2013 and Guidance on School Teachers’ Pay and Conditions, September 2013" from Department of Education website; On Page 24; & also available on http://www.education.gov.uk/get-into-te ... ary-ranges; it clearly shows the range for Unqualified Teachers for 'Inner London' (applies to me) between Min: £20,092 to Max: £29,379.
Well, applying 25th percentile on this Range {£29,379 - £20,092 = (£9287 *.25) + Min. Salary} works out to be £22,413.75. And I have higher salary than this!
Does this make sense or am I being irrelevant?

[manci]

it does make sense but you are dealing with the HO and at this stage all they will do is look at the immigration rules as written and interpret them.

Call the employer helpline. Not all advisors are equally well trained, it would make sense to call them several times with the same question, you'll then speak with differentpeople. Always make a note of the date/time of the call and the name of the advisor.