Code of Practice - Employer Letter

[raykau]

Hello All

I would be very grateful to have your advice on this. I hope someone can help me on this;

I am due for my ILR and the relevant code for me in the new Code of Practice applicable from April 06, 2013 is 2135 which has a salary set for Experienced professionals as 30,600 based on a 39 hours working week. I am currently earning 30,000 but work on a 35 hours working week. So my salary level is above the threshold when pro-rated.

I would however like to know in the letter from my employer, is it sufficient for them to mention my hours per week and salary and the relevant code 2135 or they need to pro-rate the salary.

If they need to pro rate the salary should they mention my salary on a 39 hours week rate or should they say that the 30,600 when pro-rated to 35 hours per week comes to the value and mention it.

I would be extremely grateful to have an insight on this.

Please help and advice me.

Thanks a lot in advance,

[dk2011]

Your employer has to confirm in the letter that you are getting paid at or above the rate specified for you SOC code. Also, your pay slip and bank account should reflect that. It can be justified in many ways.

I would go for the hourly route.

XXX Salary 16.4835164835165 [30000 /(52*35) ] per hour is above the rate specified 15.0887573964497 [ 30600 /(52*39) ] for his SOC code xxx.


Please wait for some time for others to confirm/reject above suggestion as i'm no expert.

[raykau]

thank you dk2011; can any senior member who would know about this please validate whether hourly salary letter by HR would be fit for purpose as an letter from the Employer apart from the other relevant details.

thanks

Kaushik

[Subirajd]

raykau,
This need to be confirmed because the new soc code effective from 06 April does not mention any per hour rate where the previous version did. Even if you refer to latest sponsor guide for allocation of SOC code and pay for COS does not mention the hourly rate calculation to pro rate working hours. All they mention now is per annum rate.

[Kevin24]

Your employer has to confirm in the letter that you are getting paid at or above the rate specified for you SOC code. Also, your pay slip and bank account should reflect that. It can be justified in many ways.

I would go for the hourly route.

XXX Salary 16.4835164835165 [30000 /(52*35) ] per hour is above the rate specified 15.0887573964497 [ 30600 /(52*39) ] for his SOC code xxx.


Please wait for some time for others to confirm/reject above suggestion as i'm no expert.

Hi! dk2011, Can you please tell me how you got the 39 Hours to Pro-rata the SOC Code salary.I did not see anything mentioned about this in the New SOC Code list.

[raykau]

thanks for your reply Subirajd

however, the document says --

"All of the rates quoted are based on a 39 hour working week unless otherwise specified. If the job has contracted weekly hours or is paid an hourly rate, the rates must be pro-rated accordingly, but otherwise they do not need to be pro-rated."

that is why i am wanting to confirm.

thanks

if anyone senior member could confirm for me please.

[ILR05]

It is mentioned both in SOC code 2010 and Statment of intent document:

The appropriate salary rates stated are per year and are based on a 39-hour week (the mean weekly hours for full-time workers in ASHE 2011). Where a Tier 2 migrant has contracted weekly hours or is paid an hourly rate, the rates will be pro-rated accordingly.

[dk2011]

And just to add :
We need to provide below details:
SOC code (or nearest applicable which best describes
your employment)
Current rate of Pay (as stated in the Codes of Practice
– hourly rate or annual salary)
Per hour
Current rate of Pay (as stated in the Codes of Practice Per annum
– hourly rate or annual salary)
Number of hours this salary is based on
Number of weekly hours

If one don't pro-rata how will you arrive at hourly rate and answer above questions ?

[Kevin24]

It is mentioned both in SOC code 2010 and Statment of intent document:

The appropriate salary rates stated are per year and are based on a 39-hour week (the mean weekly hours for full-time workers in ASHE 2011). Where a Tier 2 migrant has contracted weekly hours or is paid an hourly rate, the rates will be pro-rated accordingly.

Thank you for your immediate response.

[vinodt1347]

Hello All

I would be very grateful to have your advice on this. I hope someone can help me on this;

I am due for my ILR and the relevant code for me in the new Code of Practice applicable from April 06, 2013 is 2135 which has a salary set for Experienced professionals as 30,600 based on a 39 hours working week. I am currently earning 30,000 but work on a 35 hours working week. So my salary level is above the threshold when pro-rated.

I would however like to know in the letter from my employer, is it sufficient for them to mention my hours per week and salary and the relevant code 2135 or they need to pro-rate the salary.

If they need to pro rate the salary should they mention my salary on a 39 hours week rate or should they say that the 30,600 when pro-rated to 35 hours per week comes to the value and mention it.

I would be extremely grateful to have an insight on this.

Please help and advice me.

Thanks a lot in advance,

Hi,
I also had a question on this. The SOC codes have been revised on Apr 6, 2013. Should we mention the new SOC code or the old SOC code which is currently in the COS. Also, if the SOC code has changed should the company be updating the COS?

Regards
Vinod

[vickskul]

hi, I am also requiring same clarification as to whether to mention old or new code in the letter. please can someone urgently advice. thanks.

[Kevin24]

hi, I am also requiring same clarification as to whether to mention old or new code in the letter. please can someone urgently advice. thanks.

Your Employer must mention the new SOC Code ,which are effective after 06/04.

[Kevin24]

Hello All

I would be very grateful to have your advice on this. I hope someone can help me on this;

I am due for my ILR and the relevant code for me in the new Code of Practice applicable from April 06, 2013 is 2135 which has a salary set for Experienced professionals as 30,600 based on a 39 hours working week. I am currently earning 30,000 but work on a 35 hours working week. So my salary level is above the threshold when pro-rated.

I would however like to know in the letter from my employer, is it sufficient for them to mention my hours per week and salary and the relevant code 2135 or they need to pro-rate the salary.

If they need to pro rate the salary should they mention my salary on a 39 hours week rate or should they say that the 30,600 when pro-rated to 35 hours per week comes to the value and mention it.

I would be extremely grateful to have an insight on this.

Please help and advice me.

Thanks a lot in advance,

Hi,
I also had a question on this. The SOC codes have been revised on Apr 6, 2013. Should we mention the new SOC code or the old SOC code which is currently in the COS. Also, if the SOC code has changed should the company be updating the COS?

Regards
Vinod

Has your SOC Code changed after 06/04.? If it does not match the SOC Code on the COS. Your Employer must contact UKBA and ask for their advise. Please get written confirmation from them, as to what SOC Code to be used in your Employer's Letter.