PSW to Tier 2 salary issue-August due.Please help !

[divarien]

Hi Friends. I am currently on my PSW work which is due to expiry this August 15th ! My company successfully received their sponsor license a few weeks ago. My current salary in £18,000 (web designer) and my company is happy to increase my pay to £20,300 as per the SOC requirements for a new entrant.

I just realized reading other forums that my salary should be £20,300 during the time of COS allocation. Now I am totally confused ? Should I talk to my employer about increasing my salary the next month itself so that I meet the criteria ? But this paragraph from Tier 2 & 5 sponsor guidance worries me ! That example in the below para is my actual situation. How to approach this situation in the right way.Please someone guide me !

"221. There may be occasions where you have advertised at or above the minimum rate quoted in the relevant code of practice, but the salary quoted in your advertisement is below the minimum threshold for Tier 2 (General). For example, if the minimum rate in the codes of practice is, £18,000 and that is the rate you quote in the job advertisement, but then the successful applicant is a migrant who will need to apply for leave to enter the UK to come and work for you. If such a situation arises, you cannot simply increase the salary to £20,300 to enable the migrant to make a successful application for Tier 2 (General) leave. Instead, you must conduct the resident labour market test again, advertising at the higher salary rate, as there may be settled workers who would apply for the job at that higher rate."

Thanks a loads in advance! I am completely stressed

[makky86]

Hi Friends. I am currently on my PSW work which is due to expiry this August 15th ! My company successfully received their sponsor license a few weeks ago. My current salary in £18,000 (web designer) and my company is happy to increase my pay to £20,300 as per the SOC requirements for a new entrant.

I just realized reading other forums that my salary should be £20,300 during the time of COS allocation. Now I am totally confused ? Should I talk to my employer about increasing my salary the next month so that I meet the criteria ? But this paragraph from Tier 2 & 5 sponsor guidance worries me ! That example in the below para is my actual situation. How to approach this situation in the right way.Please someone guide me !

"221. There may be occasions where you have advertised at or above the minimum rate quoted in the relevant code of practice, but the salary quoted in your advertisement is below the minimum threshold for Tier 2 (General). For example, if the minimum rate in the codes of practice is, £18,000 and that is the rate you quote in the job advertisement, but then the successful applicant is a migrant who will need to apply for leave to enter the UK to come and work for you. If such a situation arises, you cannot simply increase the salary to £20,300 to enable the migrant to make a successful application for Tier 2 (General) leave. Instead, you must conduct the resident labour market test again, advertising at the higher salary rate, as there may be settled workers who would apply for the job at that higher rate."

Thanks a loads in advance! I am completely stressed

This is not true.

When your company assigns your the certificate . In the certificate they put "Start Date". This is the date from you should be paid the salary specified in COS(£20K).

[divarien]

Hi muhdkhokhar. Thanks for your quick response. I can finally breath now !
I don't clearly understand this start date though ?! Does this start date represent the start of a job role with the same employer ? I started working for my company last November ? What start date should my employer mention for me ?

[VickyImmy]

The rule you have mentioned is valid.

However, in your case, as you are switching from PSW to Tier 2 General you do not need to satisfy RLMT. Therefore, you do not have to worry about job being advertised. You should be paid the salary as per the new SOC code from the work start date you mention in your new CoS.

The start date is the next day of your current VISA expiry date.

[makky86]

The rule you have mentioned is valid.

However, in your case, as you are switching from PSW to Tier 2 General you do not need to satisfy RLMT. Therefore, you do not have to worry about job being advertised. You should be paid the salary as per the new SOC code from the work start date you mention in your new CoS.

The start date is the next day of your current VISA expiry date.

The start date is the next day of your current VISA expiry date.


Above is only valid when you are extending your visa. If you are switching from PSW the start date could be next day.

[divarien]

VickyImmy and muhdkhokhar Thanks a loads guys !!!! That was very helpful and quick !

[justdopposite]

The start date is the next day of your current VISA expiry date.


Above is only valid when you are extending your visa. If you are switching from PSW the start date could be next day.

Are there any implications anyone is aware of, if a PWS to T2G applicant put the start date as the next day after current visa in the COS? Thanks.

[nisarmalik]

As u r switching from Psw to tier 2 u can put start date from few days of ur date of cos assign.

[justdopposite]

Thanks. But the COS ref. no. is already assigned and the start date mentioned in it was the next day after current visa. I just wanted to know if that would cause any issues during my application process.

[Ali_123]

so i am on PSW expiring on 15th of august.

I need to extent to Tier 2 General

My employer will give me COS tomorrow in which I can put start date as 01/07/2013 ?

I am working with employer since last 2 years

[VickyImmy]

you can either put the work start date in near future or the day after your current visa expires. As you will be working for the same employer it would be sensible to have your TIER 2 work start date right after your current VISA expires.

However, few may want to switch into tier 2 as soon as possible as PSW does not count towards settlement. In that case, you can have a start date in near future. Either way it's not a problem.

Also you cannot apply before 3 months before your work start date you gonna mention in CoS.

[nisarmalik]

Hi justdoopposite
It will be fine u can apply...
Hi Ali
U can put start date 1/7/2013
Good luck both of u

[justdopposite]

Thanks very much for the reassurance.