SALARY cannot be pro-rated. Please help

[June28]

Hi,

My partner's salary cannot be pro-rated and it is £2,000 short. So he will have to ask his work to increase his salary. Does the salary has to increase before application or can it be assigned on the day the COS is assigned?

Thank you

[physicskate]

Hi,

My partner's salary cannot be pro-rated and it is £2,000 short. So he will have to ask his work to increase his salary. Does the salary has to increase before application or can it be assigned on the day the COS is assigned?

Thank you

Is your partner currently on a PSW? If so, the salary can be increased from the 'start date' on the CoS.

[June28]

Hi,

My partner's salary cannot be pro-rated and it is £2,000 short. So he will have to ask his work to increase his salary. Does the salary has to increase before application or can it be assigned on the day the COS is assigned?

Thank you

Is your partner currently on a PSW? If so, the salary can be increased from the 'start date' on the CoS.

Hi,

No, he is on Tier 2 General and will need to be extending his visa.

[physicskate]

Hi,

My partner's salary cannot be pro-rated and it is £2,000 short. So he will have to ask his work to increase his salary. Does the salary has to increase before application or can it be assigned on the day the COS is assigned?

Thank you

Is your partner currently on a PSW? If so, the salary can be increased from the 'start date' on the CoS.

Hi,

No, he is on Tier 2 General and will need to be extending his visa.

So is your partner currently being paid less money than it said on his last CoS? If so, that could cause a problem, I suspect.

If he is just no longer a new entrant and so UKBA have mandated that he is an experienced worker, it is fine for his salary to increase on the 'start date' of the new CoS.

[June28]

So is your partner currently being paid less money than it said on his last CoS? If so, that could cause a problem, I suspect.

If he is just no longer a new entrant and so UKBA have mandated that he is an experienced worker, it is fine for his salary to increase on the 'start date' of the new CoS.

Hi Physicskate,

My partner's salary is alright at the moment for the current Tier 2 general that he holds. He will be be extending his visa as experienced since he started as a new entrant. He is an FE lecturer (2312) but with the new addendum, the working hours for FE lecturer has changed from 39 hours to 37 since it is now based on Teachers' national pay scale and not the annual salary survey that UKBA uses.

When we calculated, his salary will be £30K by the time he needs to renew his visa, which is £2k short. So he was thinking of speaking to his employer near the time to increase this in order for him to get the visa.

Does he need to show pay slips to show that he is getting paid £32K or is it okay for his employer to increase the salary on the day the COS is assigned.

Thank you

[manci]

he only needs to get the appropriate (increased) salary from the work start date stated in the CoS.

[June28]

he only needs to get the appropriate (increased) salary from the work start date stated in the CoS.

Hi Manci and Physicskate,

thank you for your email. I know my question might be irrelevant but what advice can you give us on how to persuade his employer to offer the salary required for the visa? As a lecturer his salary goes up £2,000 every year so he will be on £32,700 in august 2016, which is 5 months after the expiry of his current stay. What he was thinking is asking his employer to offer the salary for his visa and just deduct this when he start getting a salary of £32,700 so in this way the college is not giving him extra. We do understand that we cannot force the employer to do this and we could only try.

I would appreciate if you could please inform us of any way around this. This visa means a lot to him since he needs to be on a visa until august 2016 to complete the 10 yrs long residence.

thank you

[manci]

What you suggest would amount to deception and the college is unlikely to agree to it as they may loose their sponsor licence if they did.

According to the Addendum:
Where other salary sources are used, please note that the rates are based on the following weekly hours:
 Where the source is teachers‟ national pay scales, on the definition of a full-time teacher as used when determining those pay scales;

Presumably the 37 hours for full time working for teachers which you quote is based on a national agreement with the unions.

The min salary for senior lecturers under SOC code 2312 is £32,421.

One way of overcoming the problem may be if he worked 40 hours a week (3 hours a week guaranteed overtime), then his £30k salary would be pro-rated to £32,432, just over the threshold. This would be acceptable to the HO but the college would need to make its peace with the unions who may consider this exploitation.

[June28]

What you suggest would amount to deception and the college is unlikely to agree to it as they may loose their sponsor licence if they did.

According to the Addendum:
Where other salary sources are used, please note that the rates are based on the following weekly hours:
 Where the source is teachers‟ national pay scales, on the definition of a full-time teacher as used when determining those pay scales;

Presumably the 37 hours for full time working for teachers which you quote is based on a national agreement with the unions.

The min salary for senior lecturers under SOC code 2312 is £32,421.

One way of overcoming the problem may be if he worked 40 hours a week (3 hours a week guaranteed overtime), then his £30k salary would be pro-rated to £32,432, just over the threshold. This would be acceptable to the HO but the college would need to make its peace with the unions who may consider this exploitation.

Hi Manci,

Thank you for your email. If he asks his work to increase the hours, do they have to put 40 hours on the COS? Also, do they have to put the pro-rated salary as you mentioned or just £30K?

Sorry if my questions are silly.

[manci]

40 hours and £30k salary in the CoS but obtain confirmation that the standard hours for his job are 37 otherwise this would not work

[June28]

40 hours and £30k salary in the CoS but obtain confirmation that the standard hours for his job are 37 otherwise this would not work

Hi Manci,

His job's standard hours is 37 per week. Can you please explain how this would work? I cannot get my head around it.

Thank you ever so much

[June28]

40 hours and £30k salary in the CoS but obtain confirmation that the standard hours for his job are 37 otherwise this would not work

Hi Manci,

Could you please explain how this would work so that my partner can start planning what he needs to do for his visa?

Thank you

[manci]

he needs to get a CoS and then apply for an extension

[June28]

he needs to get a CoS and then apply for an extension

Hi Manci,

Thank you for your response. What I meant was how increasing his hours to 40 hrs will correct the salary? I thought increasing the hours will lower the gross income?

[manci]

sorry, the calculation was wrong, it is in fact the other way around.

His contracted hours would have to be reduced to 34 to comply with the min salary requirement.

If he were paid 30k for a 34 hour week that will be pro-rated to 37/34 * 30,000 = 32,647 for a 37 hour week which is just over the minimum required (32,421)

This is assuming that his standard full time weekly hours would be 37 according to the teachers' national pay scales;

[June28]

sorry, the calculation was wrong, it is in fact the other way around.

His contracted hours would have to be reduced to 34 to comply with the min salary requirement.

If he were paid 30k for a 34 hour week that will be pro-rated to 37/34 * 30,000 = 32,647 for a 37 hour week which is just over the minimum required (32,421)

This is assuming that his standard full time weekly hours would be 37 according to the teachers' national pay scales;

Hi Manci,

Thank you for your reply. His contract says 37 hours a week but I am not sure if the teachers' national pay scales are based on 37 hours per week. Is there a way of finding this out? Thank you.