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Tier 2 Extension- Salary Requirement

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

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sdsilver
Newly Registered
Posts: 4
Joined: Wed Oct 10, 2018 9:39 am
United States of America

Tier 2 Extension- Salary Requirement

Post by sdsilver » Wed Oct 10, 2018 9:45 am

Hoping that someone will be able to answer my question.

I'm applying for an extension of my Tier 2 Visa. My original leave was granted November 2015 for a total of 3 years. My SOC code is 2311, which is PhD Level.

For the salary threshold the minimum for "experienced" is £30,000 (which I earn), or the appropriate rate which is £32,200 (which I don't quite earn but we get an inflation raise every year at this time so might make it based on that).

However, looking on the policy guidance on page 24/25 #80-82 it appears that if you're applying for an extension with the same job with the same company you're exempt from the skills threshold. But from reading it I can't tell if they're just talking about the RQF code or the salary as well.

As well, on page 25 in the table it states you will be awarded the salary points "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"
But again, when is says appropriate rate is doesn't explain whether it needs to be the experienced rate or the new entrant rate. My only reasoning for thinking it only has to be the new entrant rate is because they say £20,800 for general minimum. As well, if it wasn't the new entrant rate (as an exception) then this option wouldn't even be needed as there would be no difference between it and the first paragraph "£30,000 or the appropriate rate for the job, whichever is the higher."

Hoping someone will have some insight as this is really stressing me out. It's the only boundary between me and my extension.

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Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Tier 2 Extension- Salary Requirement

Post by Djsuccess » Thu Oct 11, 2018 6:21 am

sdsilver wrote:
Wed Oct 10, 2018 9:45 am
Hoping that someone will be able to answer my question.

I'm applying for an extension of my Tier 2 Visa. My original leave was granted November 2015 for a total of 3 years. My SOC code is 2311, which is PhD Level.

For the salary threshold the minimum for "experienced" is £30,000 (which I earn), or the appropriate rate which is £32,200 (which I don't quite earn but we get an inflation raise every year at this time so might make it based on that).

However, looking on the policy guidance on page 24/25 #80-82 it appears that if you're applying for an extension with the same job with the same company you're exempt from the skills threshold. But from reading it I can't tell if they're just talking about the RQF code or the salary as well.

As well, on page 25 in the table it states you will be awarded the salary points "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"
But again, when is says appropriate rate is doesn't explain whether it needs to be the experienced rate or the new entrant rate. My only reasoning for thinking it only has to be the new entrant rate is because they say £20,800 for general minimum. As well, if it wasn't the new entrant rate (as an exception) then this option wouldn't even be needed as there would be no difference between it and the first paragraph "£30,000 or the appropriate rate for the job, whichever is the higher."

Hoping someone will have some insight as this is really stressing me out. It's the only boundary between me and my extension.
Extensions are treated are experienced. so you should be earning the £32,200 required for your soc code. You can ask for an increase before you extend the visa. You might also want to find out how your working hours compare to the working hours on which the £32,200 is based.
Read the Appropriate section in the introduction of Appendix J
https://www.gov.uk/guidance/immigration ... illed-work
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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