I have a list of question to UKBA and I got responses. I am not happy with that but I just post to share to every one :
QUESTION :
Following some recent SOC 2010 changes will be applied from April-2013, we have some concerns about extending a Tier-2 employee this September 2013. His visa granted from September-2010 that means before 6th April 2011. Could you please confirm the information below.
1. We are using code "2132 Software professionals" so when we create a new COS for extending the employee's leave this September-2013, Should we use the new code "2136 Programmers and software development professionals" ?
2. 3 years ago, it was specified in the COS's that working hours would be 37.5 hours per week. In the new COS September-2013, would it be possible to reduce the hours to 35 per week due to the company policy?
3. Which type of appropriate salary rate for the job code 2136 should we consider : New entrant: £24,000 or Experienced worker: £29,800 when do extension?
4. Can we pro-rate down the salary as such : £29,800 (annual salary) based on 39 hours per week is the equal to (£29,800/39 hours)*35 hours = around £26,744 based on 35 hours per week? so could I use "Experienced worker" with £26,744 and 35 hours per week to qualify to extend the employee visa?
Also we would like to use your responses for case-worker when we apply extension this September 2013.
ANSWER
1. As a result of the update to the SOC Codes some of the existing job codes will no longer be available, some codes will be amended and new codes will be introduced. If you as the sponsor think that the new code 2136 is the most appropriate one from all the codes that are available from 6th April 2013 then you may use this code of practice for assigning a new certificate of sponsorship.
2. Due to the current economic climate, we are aware that some employers are temporarily reducing workers’ hours to avoid making redundancies. A reduction in a workers’ hours is allowed provided the following conditions are met:
a) the migrant has a current grant of leave under Tier 2; and
b) the migrant is continuing to work in the same job, with reduced working hours; and
c) the migrant’s reduced working hours are part of a company-wide policy to avoid redundancies; and
d) you are not treating migrant workers more, or less favourably than settled workers; and
e) the migrant’s pay or working hours do not reduce by more than 30%; and
f) any reduction in wages is proportionate to the reduction in hours; and
g)the arrangements will be in place for no more than one year
If these conditions are met, a change of employment application is not needed and the sponsor will only need to report migrant activity to inform the UKBA of any changes to the hours and salary.
3. Only, in the following situations can an individual be paid the new entrant rate, otherwise the individual must be paid at the experienced worker rate.
• graduates switching from Tier 4 into Tier 2 under our post-study provisions;
• graduate recruits where the employer has used a university “milkround” to satisfy the Resident Labour Market Test;
• those sponsored in the Intra-Company Transfer Graduate Trainee route; and
• anyone aged 25 or under on the date of their initial Tier 2 application (analysis shows that workers normally reach the 25th percentile by age 26).
In all cases, applicants will not be classed as new entrant employees if they are applying to extend their total stay in Tier 2 and/or as a work permit holder beyond 3 years and 1 month (the maximum grant for initial Tier 2 applications)
4. A salary can be pro-rated if the employee will be working less than full-time hours provided the gross salary will still satisfy the minimum salary threshold for Tier.
Please note that the information, provided in this email may be subject to change as the response is based on information that is still subject to parliamentary approval.
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
so you won't get reply from them if you use your email.