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I would truly appreciate help / advice on Tier 2

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

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Devon89
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Morocco

February restricted CoS

Post by Devon89 » Sun Jan 28, 2018 5:55 pm

My points are 22, do I have any chance, my employer is applying for the first time on February? The HO explains on their website that applications are accepted if they fill the 21 minimum points criteria so I don't understand why so many are refused.

Second question, my situation is very complicated and none of the HO people were able to give any advice neither on the phone nor by email/
So, I'm currently on a Visa C short-term student Visa, previously I had a Tier 4 and I earned a PGDE from a UK University. I have found a job relating to my Diploma and the employer is willing to sponsor me for a Tier 2, do I pass as a new entrant?

Devon89
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Joined: Sun Jan 28, 2018 5:39 pm
Morocco

Tier 2 appropriate salary

Post by Devon89 » Sun Jan 28, 2018 7:56 pm

The salary I was offered is 22.75K. The appropriate salary for the job according to the national pay scale is 22K.
Will my application be refused because it does not meet 30K minimum even though 22.7 is above the appropriate rate for the job ?

Devon89
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Posts: 5
Joined: Sun Jan 28, 2018 5:39 pm
Morocco

Re: Tier 2 appropriate salary

Post by Devon89 » Sun Jan 28, 2018 9:32 pm

Any help?

Devon89
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Posts: 5
Joined: Sun Jan 28, 2018 5:39 pm
Morocco

I would truly appreciate help / advice on Tier 2

Post by Devon89 » Sun Jan 28, 2018 10:01 pm

How can the employer pay me a 30K minimum salary when the national pay scale / appropriate salary is 22K ?? It makes no sense! You can't ask an employer who's sponsoring you for the first time for an 8K increase above the national scale!

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Djsuccess
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Re: Tier 2 appropriate salary

Post by Djsuccess » Sun Jan 28, 2018 10:04 pm

Devon89 wrote:
Sun Jan 28, 2018 9:32 pm
Any help?
What is your SOC code?
Are you applying as a new entrant or experienced?

in any case, where the minimum salary is higher than the salary for the SOC code, the minimum salary will apply. That is you need to be earning a minimum of £30,000 irrespective of the £22k stated in your SOC code.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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CR001
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Re: I would truly appreciate help / advice on Tier 2

Post by CR001 » Sun Jan 28, 2018 10:10 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Djsuccess
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Re: I would truly appreciate help / advice on Tier 2

Post by Djsuccess » Sun Jan 28, 2018 10:12 pm

Devon89 wrote:
Sun Jan 28, 2018 10:01 pm
How can the employer pay me a 30K minimum salary when the national pay scale / appropriate salary is 22K ?? It makes no sense! You can't ask an employer who's sponsoring you for the first time for an 8K increase above the national scale!

You’ll usually need to be paid at least £30,000 per year or the ‘appropriate rate’ for the job you’re offered - whichever is higher.


That is the rule
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Devon89
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Morocco

Re: Tier 2 appropriate salary

Post by Devon89 » Sun Jan 28, 2018 10:21 pm

Djsuccess wrote:
Sun Jan 28, 2018 10:04 pm
Devon89 wrote:
Sun Jan 28, 2018 9:32 pm
Any help?
What is your SOC code?
Are you applying as a new entrant or experienced?

in any case, where the minimum salary is higher than the salary for the SOC code, the minimum salary will apply. That is you need to be earning a minimum of £30,000 irrespective of the £22k stated in your SOC code.
The SOC code is 2314, new entrant is 20.8K and experienced is 22K.
I don't qualify for new entrant because after my Tier 4 Visa for which I earned a PGCE from a UK university, I extended it with a short-term student Visa. I didn't find a job while my Tier 4 was still valid. Now I found a job while on a short-term student Visa but can't apply from UK (mandatory to qualify for new entrant) because this Visa type does not allow "switching".
I have to apply from outside and therefore become experienced worker even though my Tier 4 expired just 3 months ago.

Hopeful42
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Re: I would truly appreciate help / advice on Tier 2

Post by Hopeful42 » Mon Jan 29, 2018 12:04 am

I’d think that if it says 22k is an appropriate salary for your job code then it will be ok if you are offered 22k. I might be wrong but I think the 30k threshold only applies when no appropriate salary if indicated for your role. If one is published for yours and your salary matches it then it should be fine i would assume.

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CR001
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Re: I would truly appreciate help / advice on Tier 2

Post by CR001 » Mon Jan 29, 2018 8:14 am

Hopeful42 wrote:
Mon Jan 29, 2018 12:04 am
I’d think that if it says 22k is an appropriate salary for your job code then it will be ok if you are offered 22k. I might be wrong but I think the 30k threshold only applies when no appropriate salary if indicated for your role. If one is published for yours and your salary matches it then it should be fine i would assume.
You are wrong!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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