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tier 2 promoted role does not meet the minimum salary

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

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felsof
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Posts: 17
Joined: Mon Nov 05, 2012 5:48 pm

tier 2 promoted role does not meet the minimum salary

Post by felsof » Mon Nov 12, 2012 5:58 pm

Hi All,

Here is a question from a friend that doesn't have an account on this forum


1. if he gets promoted and title for instance changes from programmer to senior programmer and salary increased but do not meet the minimum set out in the code of practice , does he have to leave the job. He is on T2 general but expecting to be promoted but the salary is not up to the requirements on the code of practice for that job.

2. which one of the following changes should he/his employer report to UK
1. Salary increase but still same job ( either part of annual review or request for increase based on workload)
2. bonus paid
3. over time or company health benefit


Thank all

felsof
Newly Registered
Posts: 17
Joined: Mon Nov 05, 2012 5:48 pm

Post by felsof » Wed Nov 21, 2012 12:59 pm

anyone?

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

Post by manci » Thu Nov 22, 2012 9:51 am

It is not the job title that matters but the SOC code.Read the T2 policy guidance para 188 and onwards.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

The employer's reporting duties are set out in the T2 sponsor guidance, para 555 and onwards.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

felsof
Newly Registered
Posts: 17
Joined: Mon Nov 05, 2012 5:48 pm

Post by felsof » Thu Nov 22, 2012 2:47 pm

thanks, according to below qoute from the document , I understand that if the person is promoted for instance from programmer which has a minimum salary of lets say 24000 to senior programmer which has a requirement of 30000, and he earns 28000 that should be ok as long as the soc stay the same and core responsibilities have not changed


while i posted this i also looked on net and found some people are saying that as long as the soc is the same and the person salary is what it was at the time of the initial application or same as the standard code of practice this is accepted .


"A change of employment application is not required for other changes to your job. For
example if you are remaining with the same employer and change jobs to a different job
within the same SOC code, your pay increases, or you are moving under TUPE (or similar)
protection due to takeover, merger, or de-merger or any other circumstances in which
TUPE is triggered.
"

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