Tier 4 to Tier 2

[amj85]

Hi guys,

I was wondering if one of the more experienced users can check the below information for me?

Switching from tier 4 to tier 2
SOC job code (PhD level): 2311 (Lecturer)
CoS valid for 5 years - Experienced worker: £32,300 - Salary offered £32958
Hours per week: 40
RLMT exemption on the basis of - 'completed a minimum of 12 months study in the UK towards a UK PhD' - I have completed my PhD (awaiting official certificate).
Maintenance: Certified by employer on CoS
English language: Evidence not required because of current leave in Tier 4 (General) student category.

I know you are all really busy - but I will be very grateful if someone can check this for me? Just worried that I may be missing something.

Thanks

[iworker]

I think your salary is £300 less than what it should be min.
The £32,300 salary is for 39 hours and yours when pro-rota, becomes slightly less.
You need to ask your employer to add either of the two things to your cos notess.
hours are 39 or salary increased by a little.

[amj85]

Hi iworker,

Thank you for your reply. I spoke to HR and they directed me to the 'Introduction' bit in Appendix J -
(f) The rates stated are per year and are based on the following weekly hours:
(i) Where the source is the Annual Survey of Hours and Earnings, a 39-hour week;
(ii) Where the source is NHS Agenda for Change or the Royal Institute of British Architects, a 37.5-hour week;
(iii) Where the source is teachers’ national pay scales, on the definition of a full-time teacher as used when determining those pay scales;
(iv) where the source is the National Grid submission to the Migration Advisory Committee, a 37-hour week;
(v) In all other cases, a 40-hour week.

For SOC 2311 - [Source: evidence from Universities UK, Universities and Colleges Employers Association and GuildHE in 2011, uplifted based on national changes in earnings].

So (v) applies? - 40 hour week.

I'm a bit confused now.

[iworker]

Apologies, its my mistake then. I was under the impression its for 39 hours. Maybe it has changed recently, but in this case, my mistake

[amj85]

Hi iworker,

No worries Sorry to bother you, but do you think all other requirements are okay?

Thanks

[amj85]

Hi Guys,

Sorry - I have two questions. Further to my initial post -

I received my CoS today and the employer has ticked Y for RLMT met. The employer has met RLMT accurately but I am also eligible for RLMT exemption. They were aware of this but wanted to run the RLMT anyway. Will this be a problem? Will UKVI award points based on RLMT exemption or RLM met?

According to appendix J - work hours for my SOC 2311 should be 40 hour per week and minimum salary £32,300. But my CoS states my work hours as 37 per week and salary as £32,958. If UKVI calculate pro-rated based for 40 hour, my salary will still be higher. Am I correct?

Any help would be greatly appreciated

[ara88]

Hi amj85,

I am facing the same issue as you;
The employee has indicated 37 hr but according to Appendix J should be 40 hr.

Just wondering what happened to your visa application.
Any tip for smoothing the application process.

Thanks,
A

[akkhan]

Hi amj85,

I am facing the same issue as you;
The employee has indicated 37 hr but according to Appendix J should be 40 hr.

Just wondering what happened to your visa application.
Any tip for smoothing the application process.

Thanks,
A
[/quote]

I think you should be fine as in appendix j salary is for max hours so if hours are more than mentioned in appendix j then the salary should be increased on pro rata basis but i am sure if hours are less that shpuld be fine.