Tier 2 General extension salary expectation? SOC 2137

[cornish_kez]

Hi, my apologies if this has been covered...I did search a lot of threads and still can't find a conclusive answer? Along side reading LOTS of goverment material as well.

We have an employee who is currently on a Tier 2 visa, we issued a CoS for 3 years and this is due for renewal in 4 months. Said employee's salary is currently £21,500 which was fine for the 'new entrants' salary when issued in 2015.

What I cannot find, is whether when they apply for their extension, they need to be on the new £30,000 salary requirement or whether we work on the salaries listed under the codes of practice which is £24,000. I know they will need to move to the 'experienced' rate as they will be going over 3 years.

Guidance is conflicting:

Important note: Applicants who were initially granted leave to enter or remain
with a CoS assigned before 24 November 2016 will continue to be subject to
the £20,800 threshold, but there are no transitional arrangements for those
initially granted leave with a CoS assigned between 24 November 2016 and 5
April 2017 – they are subject to the £30,000 threshold if they apply for an
extension using a CoS assigned from 6 April 2017 and none of the other
exemptions given in the ‘Rates of pay section apply.

26.8 In all cases, including where the migrant is applying for a period of leave which
will bring their total stay under any combination of Tier 2 leave, or as a Work
Permit holder, beyond 3 years and one month, the ‘experienced’ workers
threshold must be paid. This means that any worker initially sponsored at
the ‘new entrant’ threshold must be paid at least £30,000 or the
‘experienced worker’ rate for their job, if they are needed for more than
three years.

I would be grateful for any help? The employee is under the impression that they are not affected by the new rules, but I fear they may be.

Also, I believe we would need to pay the immigrations skills charge for the new CoS?

Thankyou

[amj85]

According to the tier 2 policy guidance, you will be awarded points for appropriate salary -
If you are applying for an extension or a change of employment application and your initial grant of leave was granted on the basis of a CoS assigned before 24 November 2016

£20,800 or the appropriate rate for the job, whichever is the higher.

For SOC 2137 - Experienced worker: £24,000 based on a 39 hour week - you should meet the higher salary.

No expert - my interpretation of the rules.