Tier 2 visa application required minimum salary/working hrs

[akanetsamson]

Hi there,

Is there a required minimum working hours?
I ask because my visa was refused as it didnt meet the required minimum for the Job type.

According to: https://www.gov.uk/guidance/immigration ... illed-work

Under: Appropriate salary rates

"Where the applicant has contracted weekly hours or is paid an hourly rate, the rates must be pro-rated accordingly."

So as a work around, we are looking to cutting down my total weekly hours to 32.5 hours from 37.5 (i.e one hour less each day)
since the required minimum for Experienced Workers in my case is £31,100 for a 39 hours/week Job, 32.5 hours/week will be £25,916 for which £27,000 is well over that.

What do you think? Will this work?

Thanks.

[noajthan]

Your employer is on slippery slope to sponsor license revocation if you and s/he play such games with this type of visa.

[akanetsamson]

Your employer is on slippery slope to sponsor license revocation if you and s/he play such games with this type of visa.

Oh, can you please explain a bit more? Cos I dont understand what's wrong in doing that seeing as there is no fixed minimum working hours stated anywhere and pro-rata calculations are allowed.

[noajthan]

Your employer is on slippery slope to sponsor license revocation if you and s/he play such games with this type of visa.

Oh, can you please explain a bit more? Cos I dont understand what's wrong in doing that seeing as there is no fixed minimum working hours stated anywhere and pro-rata calculations are allowed.

Depends on a number of factors and you can expect careful scrutiny of the employer and your visa application.

• Hours advertised in RLMT.
  Working practice in company - what hours does everyone else work.

Here's some clues:
http://www.immigrationboards.com/uk-tie ... s#p1403140

http://www.immigrationboards.com/uk-tie ... s#p1393575

http://www.immigrationboards.com/uk-tie ... s#p1377069

[akanetsamson]

Oh Right, I see your point.

As of the Pro-rater calculations, seeing as the £31,100 is the minimum requirement for a 39 hour/week Job.

This job is a 37.5 hour / week which would mean we only need to match it to £29,904 right?
i.e. (37.5 x 31,000) / 39 = £29,904

[manci]

Read Frontier Mole's post of 26/09/2016:
http://www.immigrationboards.com/uk-tie ... n#p1403307

[akanetsamson]

Read Frontier Mole's post of 26/09/2016:
http://www.immigrationboards.com/uk-tie ... n#p1403307

Hi manci, thanks for your response.
Yes I understand this, but in order to make a new application, a new CoS needs to be generated with the expected salary minimum. so my question is seeing as the £31,100 is the minimum requirement for a 39 hour/week Job AND my job is a 37.5 hour / week this would mean we only need to match it to £29,904 right?
i.e. (37.5 x 31,000) / 39 = £29,904

[eduleal]

If you're the employer - give your migrant employee some room, be on the safe side, when in doubt make sure the salary is high enough for the maximum amount of hours. Reducing the number of hours simply not to pay at the experienced rate level is not only 'bending the rules', but also NOT the way for a healthy relationship with a happy employee.

If you're the employee, my advice is - don't entertain this discussion, make sure you value yourself. If anything your employer should be giving you pay raises, not creating mechanisms to pay under the minimum.
This creates an unhealthy relationship where the employer thinks he owns you by giving you a visa and treats you differently to everyone else.

[eduleal]

In other words, the difference is £1,096 A YEAR i.e. £91 a month.

Why would they/you like to risk that?