Tier 2 General - part Time

[KTG]

Is it possible to go part time with same employer on Tier-2 General Visa? Will it impact while ILR Application?

[CR001]

So to change your hours from full time to how many hours per week and why??

[KTG]

Hi

Thanks for the response

I do not know yet to how many hours. Will probably know next week. Just been told recently by employer that there is no Budget to continue for full time. I can apply for ILR end of this year. So wanted to be prepared beforehand on:

1. Whether it is possible without impacting ILR application
2. Is there minimum number of hours if i have to go part time to not impact type of Visa


Regards,

[CR001]

1. Should be ok if your pro-rata salary adjustment still meets the requirement for ILR, which is £35,800pa based on 39 hours. Might be worth looking for another sponsor in my opinion. What is your SOC??

2. My understanding is that you cannot work less than 30 hours on Tier 2.

[KTG]

Hi. Thanks for your reply. the SOC is 3545

[CR001]

So yes, then definitely based on 39 hours per week. So you need to meet the £35,800pa rate for ILR.

3545 Sales accounts and business development managers Example job tasks
• liaises with other senior staff to determine the range of goods or services to be sold, contributes to the development of sales strategies and setting of sales targets;
• discusses employer’s or client’s requirements, carries out surveys and analyses customers’ reactions to product, packaging, price, etc.;
• compiles and analyses sales figures, prepares proposals for marketing campaigns and promotional activities and undertakes market research;
• handles customer accounts;
• recruits and trains junior sales staff;
• produces reports and recommendations concerning marketing and sales strategies for senior management;
• keeps up to date with products and competitors. Related job titles:
• Account manager (sales)
• Area sales manager
• Business development manager
• Product development manager
• Sales manager

Salary rates:
New entrant: £25,100
Experienced worker: £33,300

[KTG]

Currently my CoS states 37.5 hours. I have been told there might be a new CoS based on revised hours and salary.

1. So if i ensure the revised salary is above 35800, and hours above 30, do you think i will have no issue, due to this change, in ILR application? Or

2. should I ask them to consider no change in hours, but only salary changes? Also, if SOC code changes, is there an issue with ILR? As i dont understand how can otherwise i ask for same hours but reduced salary?

[Frontier Mole]

You have to meet the absolute minimum earning ILR threshold- there is no pro rata part time hours calculation.

Minimum Earnings Threshold for ILR
Tier 2 (General) migrants are required to earn either the appropriate rate for the job or a gross annual salary the minimum earnings threshold (whichever is the higher) as listed below.

The minimum earning threshold for Tier 2 ILR applicants keeps on increasing every year as stated below from the period of 2018 – 2022.

£35,500, if you apply for settlement on or after 6 April 2018
£35,800, if you apply for settlement on or after 6 April 2019
£36,200, if you apply for settlement on or after 6 April 2020
£36,900, if you apply for settlement on or after 6 April 2021
£37,900, if you apply for settlement on or after 6 April 2022
Although Tier 2 General visa holders are allowed to have a secondary employment, you are not allowed to combine the earnings with your primary employment to meet the minimum earning threshold.

As for part time working there is not a minimum number except for shortage occupations ( which is 30 hours )
There is however a minimum earnings threshold of £20,800 so if your gross pay drops below this figure regardless of hours worked then you fall out of the Tier 2 general requirement.

i do not see why your new employer would issue another COS - what will that achieve?.

[KTG]

Thanks for the detailed reply.

Employer wants to issue new CoS to inform home office of revised reduced salary and reduced hours.

Also I if I get new SOC code, is that a problem in meeting 5 years criteria, if threshold requirements are met?

[Frontier Mole]

Thanks for the detailed reply.

Employer wants to issue new CoS to inform home office of revised reduced salary and reduced hours.

Also I if I get new SOC code, is that a problem in meeting 5 years criteria, if threshold requirements are met?

So the new COS will change your SOC? If that is the case then a RLMT will have to be conducted, that assumes the role meets tier 2 requirements.

SOC 3545 is the highest abuse rate SOC there is... so it does make me wonder about the genuineness of your role in the first place and the move to reduced salary / hours makes it even more suspect...

Reduced salary on the lead up to ILR essentially means you can not qualify for ILR... of course unless your salary will e above or equal to the ILR threshold.... I am kind of assuming that will not be the case.

Without being too blunt - it looks as if your role is defunct, your Sponsor will not be willing to increase your salary to ILR threshold, the change in role and reduced hours all point to you not meeting ILR requirements and you either finding another immigration route to remain or going home time is looming.

[Frontier Mole]

Just to be clear - there are a number of Sponsors offering low paid tier 2 non genuine roles that give them cheap labour and a near enslaved worker for the duration of 5 years. When it is time for the ILR salary hike they say bye bye to the worker. This is a noted trend now and is becoming increasingly common.