Change of Salary

[thecanom]

Hi All,

I have just been appointed as a new member in the Executive Team of my company. I currently hold the position of ‘Customer Services Manager’ and I’m head of that department.

I have a visa until the end of 2013 under Tier 2 General and my COS was done under SOC code 1142’Customer Care Managers’ , skill level NQF4.

My salary will be increased(not sure yet how much but it may be around 10K). I will still continue to run the customer services department with all its duties/activities etc. The CEO has also mentioned that perhaps will be a good idea to change my title to ‘Customer Services Director’ instead, since the rest of the Executives are all Directors. (I dont report to any of them but directly to the CEO)

As far as I can understand, the occupational code for my new role should not be different. Even though there is a SOC code 1112 'Directors and Chirf Executives', skill level NQF6. However, I was further reading all about it and it seems that this code in only applicable to Managing Directors, General Managers, CEO, etc rather than a Director of an area within the organisation. I was unable to find any other codes for Directors within my field-customer care-

I want to know if we need to notify HO with these changes and how or if it is neccesary for me to apply with a new COS for this?

IF it is just because of the change of title(and a new COS abd new application is needed)… than it wouldn’t be much of a problem for my title to remain the same as now, but what about my salary increase? As I said, none of my core duties are changing at all, still managing the same department. The only thing is that I will be in a more senior role which involves overseeing and making decisions for the entire company(not only my department), together with the other members of the Executive Team.

Can someone please advise?

[manci]

the rules are set out in para 193 of the T2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

and para 553 of the T2 sponsor guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Your employer and you will have to interpret the rules according to the specific circumstances.

[thecanom]

Hi Manci,

Thank you very much for your reply. i must say that I have read on the links provided and I could not find anything specific or related to my case, so I dont know how to interpreter the rules.

I wouldn't like to be caught in the middle of my interpretation and HO interpretation, which can not be the same and therefore be penalise for that in my upcoming application.

I read that if your new position is different than the occupation code list you currently have, than you must get a new COS and submit a new application. I don't believe that this is my case as my core duties and position remains the same. My increase of salary is only because of being appointed as a new member of the Executive Team.

I also read that increase on salaries can only be related to annual increases which are done to everyone in the organisation, etc...

I'm still lost, is there someone that could probably give me an opinion or further explanation?

Many thanks in advance.

[thecanom]

Anyone please?

[manci]

I also read that increase on salaries can only be related to annual increases which are done to everyone in the organisation, etc....

where did you read that? It is not in para 194 of the T2 policy guidance.

[thecanom]

Hi Manci,

Thanks again for your reply. There is so much information out there and it creates a lot of confusion and uncertainty. I read the following info from another forum in here:

http://www.immigrationboards.com/viewto ... =promotion
'There are "technical change" and "changes of employment"
Any significant changes to location, salary, level of job or working hours are not considered as technical changes and will be regarded as a change of employment.
Examples of changes the UKBA will not accept as a technical change are;
The permit holder’s duties have changed due to promotion, demotion
or restructuring.
The permit holder’s salary has risen significantly; that is above normal
annual increments or pay awards applied to all, or most, staff.'

I also read the same info in the HO website when I search under 'change of employment':
http://www.ukba.homeoffice.gov.uk/sitec ... employment

Now if I understand correctly, the above links and info only applies to work permit holders??? and not for Tier 2 Visa Holders???

So therefore I should follow Para 194 of T2 policy, version 12/12 (previous link you provided on 18th December) and in there it says that it is not required a change of employment application for a pay increase(as long as you remain in same job under same SOC) right??

Thanking you in advance

[manci]

Para 194 in the T2 policy guidance is the current rule. Read also paras 553-562 in the T2 sponsor guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary