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Extend T2 (Gen) visa - same employer - minimum salary issue?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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AjPS
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Extend T2 (Gen) visa - same employer - minimum salary issue?

Post by AjPS » Tue Dec 15, 2015 11:35 am

Hi, I am a Tier 2 General visa holder. I had switched jobs last year (Nov. 2014) to an 18 month contract role with a new employer who sponsored my CoS (with the salary meeting the-then min. salary/ SOC code requirement for the role). I was issued a visa (BRP) that was valid from Nov. 2014 to till July 2016.

I have now applied for a permanent position within my current company (same role, same employer, slightly increased salary, only permanent now) and they wish to apply to extend my work visa in April 2016 for 3 more years (as my current BRP expires in July 2016).

My question is that when I apply to get my existing visa extended, would I need to make a fresh application, provide all the evidence again and meet the SOC code/ minimum salary threshold again ? I'm asking because I noticed that in this year's SOC codes list (Apr. 2015), the minimum salary for experienced entrants has been increased and my present salary which met the requirement in 2014, no longer meets the new salary requirement (it's £100 less than the new minimum salary requirement). Would this be a problem while applying to extend my visa ?
Any feedback on this would be greatly appreciated. Thanks.

AjPS
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Re: Extend T2 (Gen) visa - same employer - minimum salary is

Post by AjPS » Tue Dec 15, 2015 11:37 am

Also, though I am 27 years old, I have only been on a Tier 2 General visa for 2 years now. Do I come under the new or experienced entrant SOC code/ salary level ? Before this, I was on a PSW visa for 2 years.

geriatrix
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Re: Extend T2 (Gen) visa - same employer - minimum salary is

Post by geriatrix » Tue Dec 15, 2015 4:32 pm

Experienced.
Life isn't fair, but you can be!

AjPS
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Re: Extend T2 (Gen) visa - same employer - minimum salary is

Post by AjPS » Tue Dec 15, 2015 6:54 pm

Thanks for the reply.
I was unsure as I read somewhere that you are considered an 'experienced' applicant only after completing 3 years on a Tier 2 General work visa ??

AjPS
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Re: Extend T2 (Gen) visa - same employer - minimum salary is

Post by AjPS » Tue Dec 15, 2015 6:56 pm

So,
When I apply to get my existing visa extended to work in the same role & for the same employer, would I need to make a fresh application and meet the SOC code/ minimum salary threshold again ?

Because my present salary which met the requirement in 2014 when I last applied, no longer meets the new salary requirement. Would this be a problem while applying to extend my visa ?

AjPS
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Joined: Thu Sep 11, 2014 10:21 am
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Re: Extend T2 (Gen) visa - same employer - minimum salary is

Post by AjPS » Wed Dec 16, 2015 11:01 am

Any suggestions ? anyone ?

geriatrix
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Re: Extend T2 (Gen) visa - same employer - minimum salary is

Post by geriatrix » Wed Dec 16, 2015 11:33 am

Have you read 14(d)(i) to understand when "new entrant" salary may apply?
You now have 2 years of "experience" but still wish to be considered "new entrant" to the labour market?
Life isn't fair, but you can be!

AjPS
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Re: Extend T2 (Gen) visa - same employer - minimum salary is

Post by AjPS » Wed Dec 16, 2015 11:39 am

Thanks for the clarification.
So, when I apply to get my existing visa extended to work in the same role & for the same employer, would I need to make a fresh application, re-submit all the evidence (documents) and meet the experienced entrant SOC code/ minimum salary threshold again ?

geriatrix
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Re: Extend T2 (Gen) visa - same employer - minimum salary is

Post by geriatrix » Wed Dec 16, 2015 11:43 am

What do you mean "fresh application"? How does one make a "unfresh" application?
Have you read the policy guidance to understand what is required to support of your "extension" application? Please do so.

I have already mentioned in my first response the salary threshold for your SOC code that you must be at.
Life isn't fair, but you can be!

AjPS
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Re: Extend T2 (Gen) visa - same employer - when to apply?

Post by AjPS » Mon Jan 18, 2016 12:00 pm

Hi all,
After further talks with my employer, my salary has now been increased to meet the minimum salary threshold, as per the SOC codes, from April 2015.
My only question now is, my visa expires on in July 2016. Should I wait until 3 months before that (i.e., April 2016 to re-apply) and risk the min. salary being increased again (as the SOC codes are normally revised around 6th Apr. each year), or avoid that risk by re-applying earlier, in Feb. or March, if that's allowed ?

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