Mininum Salary for 39hrs/week

[muffin1234]

Hi there,

I'm working as Publicity Assistant and I earn £20,241 per annum (39 hours/week). My employer has assigned CoS to me a week ago and confirm the information above. I think my salary meets the requirement of this jobtitle according to http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

However the agency I use mentioned that my salary seems too low and it won't meet the minimum rate. They said my application could be well rejected.

I've calculated again and here's what I found*
£16,000 based on 37.5 hours/week (16,000/37.5/52) = £8.20 per hour
£20,241based on 39 hours/week (20,241/39/52)= £9.98 per hour

That seems my salary is higher the minimum rate.

Can anyone please help clarify if I'm right? If not, is there anything I should do to fix this problem? I was really worried about my situation.

Thank you very much for your kind advice.

*PS I did this according to http://www.ukba.homeoffice.gov.uk/visas ... te-salary/

[manci]

Assuming you are switching into Tier 2 General and that you are not being paid hourly, the annual salary must be £20,000 or the min salary salary given for the job SOC code (pro-rated if the weekly hours are not 37½) whichever the higher.

See Immigration Rules, Appendix A, paragraph 79 (for the definition of what constitutes salary) and 79A-79D.
http://www.ukba.homeoffice.gov.uk/polic ... appendixa/

For SOC code 3433, publicity assistant, the min. annual salary is £16,000 for a 37½ week (£16,640 for a 39 hour week), so if your annual salary is £20,000 or more that is sufficient.

[muffin1234]

Thank you very much for your prompt reply. And yes, you are right. I'm switching from PSW to Tier 2 General and my salary of £20,241 is per annum but I am paid monthly.

As mentioned on the UKBA website, the annual salary must be either £20,000 or the min salary given for the job SOC code (pro-rated if the weekly hours are not 37½) whichever the higher.

Does this £20,000 per annum apply regardless of how many working hours per week? (is the£20,000 based on 37.5 hours or the hours doesn't matter)

Thank you once again for your help. I really appreciate it.

[manci]

Thank you very much for your prompt reply. And yes, you are right. I'm switching from PSW to Tier 2 General and my salary of £20,241 is per annum but I am paid monthly.

As mentioned on the UKBA website, the annual salary must be either £20,000 or the min salary given for the job SOC code (pro-rated if the weekly hours are not 37½) whichever the higher.

Does this £20,000 per annum apply regardless of how many working hours per week? (is the£20,000 based on 37.5 hours or the hours doesn't matter) if the agreed salary is annual (paid monthly), and if it has been put this way in the CoS, then in my opinion the hours don't matter except for pro-rating the min. salary given for the job SOC code. Read the Immigration Rules and para 66 in the T2 policy guidance carefully.

Thank you once again for your help. I really appreciate it.

[muffin1234]

Hi Manci,

Thank you so much for your comment. You have been very helpful. I read through the guideline again and I believe you are right.

Anyway, my employer will call UKBA tomorrow and they will make sure about this. I will update this as soon as I hear from them.

Any suggestions are still welcomed. Please let me know if anyone out there has the same situation

[muffin1234]

Hi everyone,

Just a quick update to confirm Manci's reply.

My HR team has phoned the UKBA and they have confirmed that the £20,000 per annum is flat rate. Employee has to earn this much regardless the working hours per week.

Thanks Manci for your great knowledge and the prompt response you've been giving to everyone.