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Appropriate Salary-Tier2 general-shortage occupation

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

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Weje
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Joined: Tue May 08, 2012 2:03 pm

Appropriate Salary-Tier2 general-shortage occupation

Post by Weje » Sat Aug 25, 2012 12:21 am

Hi,
I first entered to UK as a Specialist Chef in December 2009 and my sponsor paid me £20000 annual salary based on 40 hours/ week.That satisfied my occupational salary requirement to score required points.In 2011,due to restructuring and economic down turn in the country my sponsor negotiated and reduce my salary to £17500 based on 38 1/2hours/week,but they offered me a percentage of the service charge(not a fixed amount) to compansate my loss.
I am on the verge of extending my visa for another 02years and I researched about the new immigration rules and the code of practice with regard to my current situation.According to my knowledge I did not picked up any issues to make my extension application.However,I kindly request an expert to give me a second opinion on the following queries;
*Would it be an issue with my current salary since it has been reduced to a lower amount than what I received in the past?
*Is it acceptable to the UKBA if my working hours reduced 38 1/2hours instead of 40hours?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sat Aug 25, 2012 8:02 pm

Weje wrote:*Would it be an issue with my current salary since it has been reduced to a lower amount than what I received in the past?
Yes, this would be a problem for several reasons.
For the "Specialist Chef" shortage occupation, SOC code 5434, the min salary is £28,260 (after deductions for meals, accommodation, etc.) See:
http://www.ukba.homeoffice.gov.uk/sitec ... tnov11.pdf
As your salary will be below £28,260 you cannot continue in the same job and your application will not be an extension application. In any case, for an extension application your salary would have to be at least the same as stated in your current CoS, it cannot be less.

The problem is that for change of jobs the job level must be NQF6 (chefs are considered a borderline occupation and are level NQF3 at best). Also a resident labour market test would have to be carried out. The min. salary stated for a 37.5 hour week is £8.45/hour based on a 37.5 hour week and for different working patterns it must be pro-rated (this answers your second question). Also, the annual salary cannot be less than £20,000:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Weje
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Posts: 4
Joined: Tue May 08, 2012 2:03 pm

Post by Weje » Mon Aug 27, 2012 10:09 am

Hi Manci,
Thank you so much for your inputs,however I still have some doubts about the query I raised due to certain elements in the shortage occupation list such as,
The job must be paid the minimum salary rates shown below, which are derived either from the Annual Survey of Hours and Earnings (ASHE) or,
where alternative salary data is available, from an alternative code of practice. Appropriate salary rates are based on a 37½ hour working week,
unless otherwise stated. Appropriate rates should be pro-rated for other working patterns, unless otherwise stated.
[b]You cannot sponsor a migrant for a job with a salary below £20,000, unless they are applying to extend leave granted under Tier 2 (General) or the
work permit arrangements under the rules in place before 6 April 2011. This includes cases where they are changing employment."[/b]
1.So,according to the above section that I extracted from the first page of shortage occupation list,I am still under the impression that £28260 per year earning requirement does not apply on my case and it is for new application for switching or entry clearance since I entered to United Kingdom under the rules in place before 6 April 2011 and also applying to extend under tier2 category for the same sponsor and for the same job.
2.According to the code of practice they specifically say that minimum 37 1/2hours per week is acceptable and in my job category which is specialist chef they specify a £8.45 minimum requirement to qualify to earn points.
3.In the immigration rules under the Tier2 general attributes section UKBA specify the following as to how an applicant earn 50 points,as follows;
Table 11A
Certificate of Sponsorship Points Appropriate salary Points
Shortage occupation 30
Appropriate salary 20
Job offer with a salary of £150,000 or more 30
Job offer passes resident labour Market Test or an exemption applies 30
Post-Study Work 30
Continuing to work in the same job for the same Sponsor 30
So,as per the above I could earn 50 points by ticking appropriate salary and continuing to work in the same job for the same sponsor columns.
Please consider the above points and give your thoughts on this matter.
Your views on this are much appreciated.Thanks.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Mon Aug 27, 2012 10:55 am

Please read the T2 policy guidance paragraph 194 onwards re. extension applications:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Raj5
Junior Member
Posts: 97
Joined: Thu Mar 18, 2010 2:41 pm

Re:

Post by Raj5 » Wed Feb 12, 2014 2:03 pm

manci wrote:Please read the T2 policy guidance paragraph 194 onwards re. extension applications:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
Is your answer going to be different if the the applicant is a work permit holder applying for ILR and getting salary of £21,000?

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