SOC 2312 Salary Threshold for Settlement

[Abdul2021]

Dear All,

I am a FE Lecturer palling to apply for ILR in July, 2021 and seeking for clarifications with respect to Tier 2 (now Skilled Worker) visa holder ILR settlement salary requirement for FE College lecturers. The going rate for the salary is as follows: [Lecturer (new entrant) - £22,609; Senior Lecturer - £37,258]. The Qualified Lecturer (Further education) salary scales for England starts at £24,702 and goes up to the maximum of £37,258 as in (https://www.ucu.org.uk/fescales_england).

My COS was assigned in 2016 for 5 years as was employed as a Lecturer with salary above the minimum threshold for the job at that time. In the year 2018 I changed role to become what is known as a ‘Course Leader’ (Course leader title is used in College for lecturers with additional responsibility to look after a group of students, in addition to their actual normal teaching job – so there wasn’t need for visa change etc. at that time) within the same SOC and higher salary.

There are few things that confuse me and it will be great to ask for clarifications:

1. What is the actual salary amount for a FE lecturer with five years’ experience to be to apply for ILR?

2. Could I be correct to take this meaning that if the salary is within the range of 24,702 and £37,258 it is sufficient and acceptable to apply for ILR and be successful?

3. Does the senior lecturer refer to the 5 years’ experience?

4. What is the actual difference or meanings of New entrant lecturer and senior lecturer in the context of this topic?

Any help towards clarifying these points for me will sincerely be appreciated.

Abdul.

[manci]

When applying for ILR the sponsor must confirm that they still require you to work for them for the foreseeable future, and that the you are and will be paid for the foreseeable future at least £25,600 or the going rate for the job whichever the higher.

It is up to the sponsor (the college) to say in what capacity they require you to work for them:

• Senior lecturer / advanced teacher and equivalent: going rate £37,258
• Further education management / principal lecturer and equivalent: going rate £43,734

These going rates are based on teachers’ national pay scales from each devolved authority, lowest value selected. and are the minima for the specified job, there is no sliding scale depending on your experience.

The going rates are per year and are based on the definition of a full-time teaching professional used when determining these pay scales. They must be prorated for other working patterns, based on the weekly working hours stated by the sponsor.

The definition of new entrant is on p38 of the guidance:
https://assets.publishing.service.gov.u ... .0-ext.pdf

[Abdul2021]

Hi Manci,

Many thanks for your response to my query and I found them useful. However, I still have a few things to ask for clarification.

1. I understand that the employer must confirm that they need my service for the foreseeable future and be paid at £25,600 or the going rate whichever the higher. In this particular case, the going rate of for the FE lecturer is higher at £37,258. Do you mean that even if at the moment of application for ILR the salary is not up to £37,258 but the employer assure that in the future the salary will reach the going rate, will be acceptable for ILR?

2. I have seen the definition of 'New Entrant' and my understanding is that if anyone does not fall into that definition, he will be considered as a 'Senior Lecturer' and the going rate of £37,258 applies when applying for ILR. Will this be correct?

Thank you

[CR001]

1. You need to be earning theexperience rat/amount when you apply for ilr and be able to submit payslip and bank statement to prove it.

2. New entrant does not apply to you if you have been in the UK for 5 years in tier 2. You should be earning at the experienced rate for the SOC. If you have
not been, you and your sponsor potentially have a problem.

[manci]

What is your salary now?
What was the job description and salary in your 2016 CoS?
What was the specified minimum salary for the job in 2016?

If your salary now is less than the current going rate, which I suspect is the reason for your questions, consider the caseworker guidance:

If these [your payslips] do not support the minimum salary the sponsor states the applicant will be paid for the foreseeable future, you should discuss the case with a manager and
consider requesting further information from the sponsor about why they claim the
applicant will be paid more now and in future. You will need to assess the credibility
of such claims, on the balance of probabilities. Relevant factors can include:
• the size of any pay increase
• whether the applicant has already been paid the increase and for how long
• evidence the applicant has been offered a promotion and/or increased
responsibilities
• evidence the sponsor’s business can support the salary increase
This is not an exhaustive list. Generic explanations, unsupported by evidence,
should not be accepted.

[Abdul2021]

Hi and thanks both,

I am getting to a point to understand the situation more clearly.

@CR001, your second point is straight-forward and this means I will have to earn £37,258 (which is the going rate for FE Senior lecturer) for successful ILR application. Now, if the employer is happy to increase salary and justify the same, for example, by increasing responsibility, etc, at what month before the application for settlement should that happen without at the best case?

@Manci, Yes you are right and the salary is not up to the going rate. But when the CoS was issues, it was a Lecturer role and the salary was far ahead of the minimum of that time (otherwise, visa could not have been granted). But, still with what CR001 pointed out, the case worker guidance you pointed to may not be favourable because I read a paragraph on Page 46 that said: Please note for settlement applications:
• there is no reduction to the £25,600 threshold for relevant PhD qualifications or new entrants
• there is no reduction to the going rate, for any reason.

My understanding is that under this circumstance, the salary matter pictured on the main CoS issues in 2016 may not be relevant. Is that correct?

I sincerely appreciate your help.

Cheers.

[manci]

Ask your employer to raise your salary to the going rate and have at least one payslip with the new salary available before applying for ILR.

Note that sponsors no longer need to report to UKVI any increases to a worker’s salary

[CR001]

Hi and thanks both,

I am getting to a point to understand the situation more clearly.

@CR001, your second point is straight-forward and this means I will have to earn £37,258 (which is the going rate for FE Senior lecturer) for successful ILR application. Now, if the employer is happy to increase salary and justify the same, for example, by increasing responsibility, etc, at what month before the application for settlement should that happen without at the best case?

Out of interest, what is your current salary and how far below is it for the SOC you are on? Also, I don't see 2312 on the SOC list, either for non Shortage or Shortage occupations. Are you sure you are stating your correct SOC?

https://www.gov.uk/guidance/immigration ... ccupations

https://www.gov.uk/guidance/immigration ... ation-list

[manci]

SOC 2312 is in Table 2: Eligible health and education occupation codes where going rates are based on national pay scales
https://www.gov.uk/guidance/immigration ... ccupations

[vinny]

Table 2: Eligible health and education occupation codes where going rates are based on national pay scales

2312 Further education teaching professionals

• FE College lecturer
• Lecturer (further education)
• Teacher (further education)
• Tutor (further education)

• Lecturer or equivalent (new entrant): £22,609
• Senior lecturer / advanced teacher and equivalent: £37,258
• Further education management / principal lecturer and equivalent: £43,734

These going rates are per year and based on the definition of a full-time teaching professional used when determining these pay scales. They must be prorated for other working patterns, based on the weekly working hours stated by the applicant’s sponsor.

Teachers’ national pay scales from each devolved authority, lowest value selected

[Abdul2021]

Hi All,

Thanks again for helping. @Vinny has clarified the SOC for @CR001 and I hope that rest the SOC number query.

@Manci, good to hear that when worker's salary is increased, the sponsors need not to inform the UKVI. Could you please help point me to the page where this has been stated? This will help when advising the employer.

@CR001, the current salary is £36,400 which is less than the going rate of £37,258.

Regards,

[vinny]

Sponsorship: guidance for employers and educators

Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance

C1.12, 5th bullet point: clarification that sponsors no longer need to report any increases to the worker’s salary

See also Workers and Temporary Workers: sponsor a Skilled Worker