Tier 2 (General) extension, salary requirement

[keikeichris]

I am currently under the job code: 5434 and planning on renewing 2014 April. Would I be falling into the 2014 Code of Practice as below? Because base on my current Job Title: Sous Chef 23K. I am confuse with what salary is appropriate under the new COP 2013 if it requires.

http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf

PLease someone clarify:
I can only extent my VISA if my salary is at least 29,570 as a skilled chef?
Other name: Other chef (new entrant)
Other Chef (experienced worker)
will not be count as above NVQ Level 3?

Does it means that my employer will have to increase my salary to 29K otherwise I would not be able to extent my Tier 2 General VISA?

Do I have to change my job title now? from Sous Chef to Skilled Chef?

Many thanks

[manci]

was your initial leave granted under the rules before or after 6 April 2011?

[manci]

My first Tier 2 General was granted on the 14 April 2011 (but applied before 06 April 2011) what does it means? Thanks
Chris

Check your visa, if it was granted under the pre-6 April 2011 rules and in this case for your extension the job only needs to be NQF level 3

A min. £29,570 salary would only be required if you wanted to claim that the job is a shortage occupation.

As an experienced chef your job under SOC code 5434 will be NQF level 3 and £23,000 salary should be OK.

[manci]

PSW VISA ran out 6 Mar 2011, Application was sent without COS and also supplied a letter to UKBA to wait for the new rule 6th April (because initial COS was rejected) then my employer reapply new COS unrestricted and got it on the 13 April. And my COS stated that my work start from 14th April.

on the card it says 18-4-2001, restricted work, tier 2 (General) leave to remain.

It is unclear if your current leave was granted under the rules before or after 6 April 2011. This is because although normally it is the date of application that counts, and you applied in March 2011, but you applied without a CoS.

It is important to sort this out because your job is NQF level 3 and you can only extend your leave from April 2014 if your current leave was granted under the rules before 6 April 2011.

Since you have more than 3 months left on your current leave there is still time, suggest you write to the HO and ask.

UK Border Agency
Tier 2
P O Box 3468
Sheffield
S3 8WA

and

UK Border Agency
Tier 2
Lunar House
Wellesley Rd
Croydon
CR9 2BY

[keikeichris]

Thank you for your kind and informative answer. I will try to call and write to them and will post more updates soon.
Meanwhile I will be consulting a VISA agency. It is very unclear, whether I am before 6 April or not. But the agency said I can extend cllearly, I just have to go find out. THanks

[psw2009]

i am in the similar situation, my first application was granted under the rules after april-11 and now I want to extend my visa but salary has been increased for soc code 2421 so does it mean that my employer will need to increase my salary to £26300?

[psw2009]

Hi Manci,

Can you please advise on the above question. Do I need to get increment? and can increment start from work date? which is in my case 31-07-14

thanks a lot in adavance

[manci]

@psw2009
SOC code 2421 is an NQF level 6 job (accountant), so you have no problem with the skill level. However, the salary will have to be £26,300 but only from the work start date given in the CoS. Remember that this is for a 39 hour week and can be pro-rated down if your weekly working hours are less

[psw2009]

manci
Thanks a lot your help is much appreciated

[oxana777]

@psw2009
SOC code 2421 is an NQF level 6 job (accountant), so you have no problem with the skill level. However, the salary will have to be £26,300 but only from the work start date given in the CoS. Remember that this is for a 39 hour week and can be pro-rated down if your weekly working hours are less

Can anyone explain what does it mean: pro-rated down? if I work 35 hours a week, and my salary is 20,500, what is the equivalent to 39 hour week? thanks

[keikeichris]

Hi Continuing again,

My employer is trying to extending my VISA as a tier 2 General. Would they need to request a unrestricted COS for me before 'Assigning a new COS' for my extension ?

Thanks
Chris

[manci]

your employer needs to have an unrestricted CoS allocation before they can assign a CoS. If they don't have one available for you they can request an increase in their allocation through the SMS

Unrestricted CoS allocations are only valid for 1 year, 6 April to 5 April the following year. As it is near the year end they have to decide when they want to assign the CoS, before ore after 5 April, and apply for an allocation accordingly

[keikeichris]

Thanks again,

My extension needs to be done before 14th April (when my VISA runs out) and I am trying to do it now. So can I request a unrestricted COS and use it before April? And I a have also booked a 1 day service on the 17th March (28 days before it runs out.
Would it be possible?




[quote][/quote]your employer needs to have an unrestricted CoS allocation before they can assign a CoS. If they don't have one available for you they can request an increase in their allocation through the SMS

Unrestricted CoS allocations are only valid for 1 year, 6 April to 5 April the following year. As it is near the year end they have to decide when they want to assign the CoS, before ore after 5 April, and apply for an allocation accordingly

[manci]

Thanks again,

My extension needs to be done before 14th April (when my VISA runs out) and I am trying to do it now. So can I request a unrestricted COS and use it before April? And I a have also booked a 1 day service on the 17th March (28 days before it runs out.
Would it be possible?

If your sponsor doesn't have an unrestricted CoS allocation available at present they (not you) need to request an increase in their allocation through the SMS and they should make sure that it is for 2013/14 (not 2014/15)

[keikeichris]

Thank you

I will try to do that. I was in the SMS and with the request, they ask for a reason. What full reason is it that I can use? '' Extension for a tier 2 migrant who is currently working in the company'' ??

or you think it will be something else?

Thanks

[manci]

or:
assignment of CoS to migrant currently working in the company for the extension of his leave

[keikeichris]

Thank you I will try that If I am correct then if I do request for now, then I wont get an answer until next month the 11th? is that correct? then once I have got it then I can go to the office with the COS on the 17th March (If I do get an answer before hand)

Thanks again.

[manci]

requests for the increase of unrestricted CoS allocations made via the SMS are usually processed quite quickly (within a week or so). The 11th of a month is the date when applications for restricted CoS are decided - this is of no interest in your case.

[keikeichris]

Thank you I have got the unrestricted COS now.

One question I have is when it is asked whether it is on shortage occupation list my Job 5434? I am not so sure. I am extending and if it is not on shortage occupation then do I need a resident Labour market test??

Thanks

[manci]

only some (not all) jobs under SOC code 5434 are shortage occupations but if you are making an extension application (continuing in the same job for the same sponsor) then an RLMT is not required. See the T2 policy guidance paras 203, 206
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[kinn]

Hi,

Date of issue : 27th June 2011
Date of Entry to UK : 26th Jul 2011
Date of Expiry of Current Visa : 27th June 2011

1. When I apply for an extension, will I be getting an extension for 2 years or 3 years ? What decides the period of extension ?

2. If I apply 2 months early and if I receive a 2year visa, does this mean that newly extended visa will have an expiry date that is two months earlier than my five year completion to qualify for ILR ?

3. What are the options available to an Tier 2 General applicant who's visa expiries a month in advance than the 5 year period (assuming that there is no break in residency during the 5 years) as result of entering UK 1 month latter than the Visa issue date.

[kinn]

Hi,

Date of issue : 27th June 2011
Date of Entry to UK : 26th Jul 2011
Date of Expiry of Current Visa : 27th June 2011

1. When I apply for an extension, will I be getting an extension for 2 years or 3 years ? What decides the period of extension ?

2. If I apply 2 months early and if I receive a 2year visa, does this mean that newly extended visa will have an expiry date that is two months earlier than my five year completion to qualify for ILR ?

3. What are the options available to an Tier 2 General applicant who's visa expiries a month in advance than the 5 year period (assuming that there is no break in residency during the 5 years) as result of entering UK 1 month latter than the Visa issue date.

[Amber]

kinn please continue in your duplicate post

[logeevaghela]

So does that mean I am on 2423 code and My extension is next year around December 2016, My salary requirements have to meet minimum 29,500 (For Experienced workers)?

Please suggest.

[Raj5]

My first Tier 2 General was granted on the 14 April 2011 (but applied before 06 April 2011) what does it means? Thanks
Chris

Check your visa, if it was granted under the pre-6 April 2011 rules and in this case for your extension the job only needs to be NQF level 3

A min. £29,570 salary would only be required if you wanted to claim that the job is a shortage occupation.

As an experienced chef your job under SOC code 5434 will be NQF level 3 and £23,000 salary should be OK.

Hi Manci, I have a friend in the same situation but in his case it is clear he got his first tier 2 visa before 6 April 2011. Now his employer has stated in the COS that his sous chef job is in the shortage occupation list and salary stated in the COS is £23K. As the he has tier 2 visa before 6 April 2011, I think he should be fine with 23K and even if it is NQF level 3 job. But as stating in the COS that it is a shortage occupation job might create a problem because salary then has to be £29,975. Do you think the employer should not state that it is in the shortage occupation list as he is having visa for this job before 6 April 2011? Or it doesnt matter if the COS says the job is in the shortage occupation list and the salary is 23k because the tier 2 visa for this job was before 6 April 2011?