Tier 2 (General) 5 Years Visa - Salary requirement

[nair03]

Hi,

I got Tier 2 (General) in July 2014, valid until July 2019 (for 5 years).

When I applied for Tier 2, my salary was £23K based on the SOC code salary requirement for a new entrant (Switched from Tier 4 to Tier 2).

Is there any salary requirement after three years?

Currently I am getting £27k.

My SOC Code is - 2136 Programmers and software development professionals.

[CR001]

Is there any salary requirement after three years?

Why do you think there is a set salary you should be getting after 3 years?

You should be paid based on the salary stated for you SoC.

For ILR based on Tier 2, you will need to earn substantially more too.

[nair03]

If the CoS is issuing for three years, at the time of extension the employee should get "Experienced Person's" salary according to the UKVI guidance.

In my case I initially got the CoS for 5 years and the salary is lower than experienced person's salary after three years.(Three years in this July).

What will happen if I continue with the current salary (£27k) after three years?

[nair03]

Please guide me on this.

[a2$h]

Not sure if I get you, but you have a T2G visa valid till Jul 2019 and COS also valid till Jul 2019. Why are you worried about salary in between?

In case you want ILR after Jul 2019 then during application of ILR your salary might matter but not before that.

[nair03]

Hi,

According to UKVI's employers guide published in April 2014, under the section Thresholds they mentioned like

"The pay thresholds for experienced workers are set at the 25th percentile for full-time employees in each occupation, using the Annual Survey of Hours and Earnings (ASHE). These pay thresholds apply to all other Tier 2 applicants, including those who were previously classed as new entrants when they apply to extend their total stay in Tier 2 and/or as a work permit holder beyond 3 years and 1 month (the maximum grant for initial Tier 2 applications). The experienced worker pay thresholds also apply to work permit holders who are applying to switch into Tier 2 or to settle in the UK."

They mentioned the new entrant salary is only applicable for 3 years and 1 month. Is that applicable to me? They have not mentioned anything about 5 years in the guide, which we followed. UKVI introduced the 5 Years option on or after April 2014.

According to their guide, published in April 2015, under the section Threshold they mentioned like

The pay thresholds for experienced workers are set at the 25th percentile for full-time employees in each occupation, using the Annual Survey of Hours and Earnings (ASHE), except where otherwise stated.These pay thresholds apply to all other Tier 2 applicants. They also apply to all applicants seeking Tier 2 leave for more than 3 years and 1 month, including those who were classed as new entrants in an earlier application. Please note that this means that the experienced worker rate will always apply if you assign a Certificate of Sponsorship which will mean the migrant will be applying for leave longer than 3 years and 1 month, regardless of whether they fall under any of the points listed above.. The experienced worker pay thresholds also apply to work permit holders who are applying to switch into Tier 2 or to settle in the UK and to all Tier 2 settlement applications.



This means from April 2015, if someone is issuing the CoS for more than 3 years and 1 month, they should give the experienced person's salary to the employee. This rule wasn't there when I got the CoS from the employer.

Should I get experienced person's salary after 3 years and 1 month?

If yes, Do my employer has to update the changes in salary to UKVI?

Thanks

[hassanh]

Hi ,

New Entrant Salary is valid for three years only. After three years you should be paid Experienced level salary no matter your visa is valid for three years or 5 years.

Thanks,