Revised codes of practice and salary for skilled workers

[timarli]

Only those who entered Tier 2 (or the work permit arrangements) before 6 April 2011 may be paid
below these thresholds, when they apply to extend their stay, change employment, or settle in the
UK. However, in most of these cases, the “experienced worker” rate will apply; the “new entrant”
rate will only be relevant to those applicants who have been in Tier 2 and/or the work permit
arrangements for less than 3 years and 1 month in total when they make their next application.

- page 13 -

This makes it quite clear actually...When you apply for ILR under pre/post whatever tier/wp you're on, you will have already completed more than 3 years 1 month and automatically the 'experienced rate' will apply.

I'm so irritated with the ukba and these changes since I came in 2008. If I had the slightest idea of these inconsistent and unfair stuff, I would have never came.

Unfortunately I don't have the heart to leave the country after spending 4.5 years (full of stress because of this sort of cr.p) either! So I guess I will have to "get on with it" and see what else is going to happen until september!

But at least I am sharing my experience with others who're intending to come to the uk.

[tanvirni]

Dear singhilr,
Thanks for your reply. Can you please help me to apply my case into this change?
I am initial WP was granted as “Network Support Engineer” salary of £21,000 in May’2008. I am still in the same job with the same employer and current salary is £31,000.

So, when I will apply ILR in May’2013

my job title SOC 3131(page 22 and 23) will need salary of £27,000 + 25%

Or

Will need minimum of £21,400 as SOC 2010 (page 24 and 35)
Thanks

Dear singhilr,
Can you please help me to understand this. Does this mean, if any one applying for ILR need to earn 25% more what mentioned in SOC code when they are in same job more than three years.


thanks

The Government has accepted the MAC’s recommendations that:
• As now, pay thresholds for experienced workers should be set at the 25th percentile (which
allows for regional and industry variation in salaries without over-complicating the system) for
full-time employees in each occupation, using the Annual Survey of Hours and Earnings (ASHE);
• A new, lower pay threshold for new entrant employees should be set at the 10th percentile of
the pay distribution for full-time employees in that occupation;
• New entrants should be subject to the 25th percentile threshold when applying for leave to
remain after three years. (In practice this will mean any extension applications which take the
migrant’s stay in Tier 2 and/or the work permit arrangements beyond three years, including
settlement applications.); and
• For some occupations (such as those in the health and education sectors, part-qualified
architects, and barristers undertaking pupillages) the appropriate rates should use bespoke pay
scales rather than ‘new entrant’ and ‘experienced’ rates. These occupations will not be subject
to the above rules on pay progression

Only in occupations where they hv split the salary into new entrant and experienced grades ,the later will be required to be paid at the time of ilr which is already been calculated at the rate of 25% more.
Thnks

[singhilr]

Dear singhilr,
Thanks for your reply. Can you please help me to apply my case into this change?
I am initial WP was granted as “Network Support Engineer” salary of £21,000 in May’2008. I am still in the same job with the same employer and current salary is £31,000.

So, when I will apply ILR in May’2013

my job title SOC 3131(page 22 and 23) will need salary of £27,000 + 25%

Or

Will need minimum of £21,400 as SOC 2010 (page 24 and 35)
Thanks

Dear singhilr,
Can you please help me to understand this. Does this mean, if any one applying for ILR need to earn 25% more what mentioned in SOC code when they are in same job more than three years.


thanks

The Government has accepted the MAC’s recommendations that:
• As now, pay thresholds for experienced workers should be set at the 25th percentile (which
allows for regional and industry variation in salaries without over-complicating the system) for
full-time employees in each occupation, using the Annual Survey of Hours and Earnings (ASHE);
• A new, lower pay threshold for new entrant employees should be set at the 10th percentile of
the pay distribution for full-time employees in that occupation;
• New entrants should be subject to the 25th percentile threshold when applying for leave to
remain after three years. (In practice this will mean any extension applications which take the
migrant’s stay in Tier 2 and/or the work permit arrangements beyond three years, including
settlement applications.); and
• For some occupations (such as those in the health and education sectors, part-qualified
architects, and barristers undertaking pupillages) the appropriate rates should use bespoke pay
scales rather than ‘new entrant’ and ‘experienced’ rates. These occupations will not be subject
to the above rules on pay progression

Only in occupations where they hv split the salary into new entrant and experienced grades ,the later will be required to be paid at the time of ilr which is already been calculated at the rate of 25% more.
Thnks

it should be £21,400 for SOC 3131 when u apply for ilr
thnks

[singhilr]

can anyone pliz confirm that new salary requirement for a band 5 nurse SOC code 2231 applying for ilr should be £21,176 n not 25% on top of it
http://www.homeoffice.gov.uk/publicatio ... iew=Binary
thanks

[globalindian]

I am not able to understand how this is impacting ILR? This should be impacting any new Tier 2 applications. This is because the Tier 2 applications which were made before 6th April 2013 does not need to produce a new COS until their next application.

Requesting Gurus to help and advice.

Anyone on tier 2 or work permit applying for settlement after 6th April will hv to meet the revised appropriate minimum salary of their relevant revised occupational code whether they are exempt from the minimum salary threshold or not.the annual salary is given according to 39 hrs per week which was earlier 37.5 hrs per week. It can be prorated according to the weekly contracted hrs.
In some of the occupations salary is split into new entrants and experienced grades.Anyone extending the stay beyond 3 years n 1 month or applying for settlement will be required to be paid at experienced rate.whereas in some occupations only pay scales will apply n they won't be subject to progression of pay.
This is my conclusion of the statement of intent.will be happy if anyone can correct me.
Thnks

[singhilr]

Can wpilr12,kevin24,gagan or anyone else answer my above query pliz
Thanks

[sphinx5]

I think if you read the statement of intent , its pretty clear and straightforward . I have read it properly in full and as per what I understand from this document -

The new criteria ( ie salary thresholds against new soc 2010 codes )will apply to Tier 2 migrants who were already in the route before 6th April (and to work permit holders) if they make extension/change of employment applications / OR if they make applications for settlement. - See page 10 - Transitional Arrangements section

All you have to do is take your existing job code ( its mentioned on your COS) - then use Annex C to find respective updated SOC 2010 job code against ur existing job code - Once you know your new job code - Go to Annex A and search for this new job code and you will find your new Salary Threshold. The experianced Salary threshold is the one you will need to have for settlement

As far as settlement for Tier 2 is concerned - Apart from above , its also made clear on pAge 13 that :


Only those who entered Tier 2 (or the work permit arrangements) before 6 April 2011 may be paid below these thresholds, when they apply to extend their stay, change employment, or settle in the UK. However, in most of these cases, the “experienced worker” rate will apply

So In short - For settlement your new salary thresholds will apply. i Hope this info helps.

By the way in my case - Im happy that the salary threshold is shown much lower than my existing salary threshold - which has made things more easier as far as ILR application is concerned. Are others also seeing a comparatively lower threshold in the experienced caregory of your respective job codes ?

[singhilr]

can anyone pliz confirm that new salary requirement for a band 5 nurse SOC code 2231 applying for ilr should be £21,176 n not 25% on top of it
http://www.homeoffice.gov.uk/publicatio ... iew=Binary
thanks

Can anyone answer this pliz
Thanks

[singhilr]

can anyone pliz confirm that new salary requirement for a band 5 nurse SOC code 2231 applying for ilr should be £21,176 n not 25% on top of it
http://www.homeoffice.gov.uk/publicatio ... iew=Binary
thanks

Can anyone answer this pliz
Thanks

Gurus pliz

[globalindian]

Hi All,

Need your advice. It seems everyday there is a new hurdle for my journey for ILR. This time it is the revised SOC code and salary threshold.
I will explain my situation.
Background:
I have been in UK since 2008 when I first traveled on UK Work Permit and henceforth my Visa was extended through Tier 2 and Tier 2 ICT Established staff. My Visa is currently with UKBA already for extension under Long term staff.
My SOC code current SOC code is 2132 and salary is £40K.
I am planning to apply for ILR but it seems I can apply only after 6th April considering there is considerable delay from UKBA on processing any application.

So based on the new rule can you please advise what changes I will need to do for my ILR application. Bit confused with so many data in the
http://www.homeoffice.gov.uk/publicatio ... iew=Binary.

i) As per Page 7:
Tier 2 Long Term staff has a new Threshold of £40,600 from the current £40,000. Is this applicable when I go for ILR application and considering I am already in extension as a work Permit holder?

ii) As per Page 13:
Please note that those who entered Tier 2 under the rules in place from 6 April 2011 are subject to the £20,300 salary threshold for Tier 2 (General) or the related £24,300 or £40,600 thresholds for Tier 2 (Intra-Company Transfer). Therefore they will need to be earning at least the relevant
threshold amount when they make their next application, even if the appropriate salary rate stated in the relevant table is lower.
Only those who entered Tier 2 (or the work permit arrangements) before 6 April 2011 may be paid below these thresholds, when they apply to extend their stay, change employment, or settle in the UK. However, in most of these cases, the “experienced worker” rate will apply; the “new entrant” rate will only be relevant to those applicants who have been in Tier 2 and/or the work permit arrangements for less than 3 years and 1 month in total when they make their next application.
So does this mean in my case I have to definitely show new salary even if I was on work permit extension before April 2011?

iii) As per Page 15 of the SOC code 2135 experienced worked salary should be £29,800.
I am not able to understand which salary we should consider. As per SOC code regulation I am earning more than required but as per Long term staff the salary threshold is less than the new rate.

iv) If we need a salary hike I don't think any company will be able to make a immediate hike effective from 6th April 2013. Perhaps they will take transitional time to provide the hike or salary slips to employees. Any idea if such situations will be considered by UKBA? Not sure how transitional activities are planned.

Any advise will be really appreciated.

[singhilr]

can anyone pliz confirm that new salary requirement for a band 5 nurse SOC code 2231 applying for ilr should be £21,176 n not 25% on top of it
http://www.homeoffice.gov.uk/publicatio ... iew=Binary
thanks

[singhilr]

can anyone pliz confirm that new salary requirement for a band 5 nurse SOC code 2231 applying for ilr should be £21,176 n not 25% on top of it
http://www.homeoffice.gov.uk/publicatio ... iew=Binary
thanks

can anyone answer this please.
thanks

[sphinx5]

@globalindian - Regards to your first point - the new threshold of 40600 - in the statement of intent section 'Changes to appropriate salary rates for occupations'- its already mentioned that -

New tier 2 ICT application in long term staff category, employee will have to be paid 40,600 gbp. (which means - This threshold is only applicable for new applications in T2 ICT LTS category)

For extension/ settlement - the transitional arrangements on page 10 is applicable - which states that -

• The new criteria will apply to Tier 2 migrants who were already in the route before 6th April (and to work permit holders) if they make extension or change of employment applications relying on Certificates of Sponsorship assigned on or after 6th April, or if they make applications for settlement. However, the new rates will only apply at the point they make their next application, not during any leave they have currently.
• Tier 2 migrants whose Certificates of Sponsorship were assigned using the old SOC 2000 system will need new Certificates of Sponsorship using the SOC 2010 system when they make their extension application.
• The new £35,500 earnings threshold for settlement will apply to settlement applications made on or after 6th April 2016. Those applying before 6th April 2016 will continue to be exempt from an overall settlement threshold but must be earning at least the appropriate rate for their occupation at the time of their settlement application.


I hope this clarifies most of your doubts. (Gurus pls correct me if im wrong)

[singhilr]

can anyone pliz confirm that new salary requirement for a band 5 nurse SOC code 2231 applying for ilr should be £21,176 n not 25% on top of it
http://www.homeoffice.gov.uk/publicatio ... iew=Binary
thanks

[sadol40]

hi guys,

i am currently on tier 2 and looking at the statement , I understood that when i am due to renew or extend my current permission, the salary for my job which was £30000 should it be £7500 above the £30000 thus £37500( 25%)?
or is it 25 percentile above the base rate which i do not know how to find it .

my soc code used to be 2132 and now it is either 2136 or 2139 which have the following requirement
2136, new :£24000 exp:£29800
2139, new :£20,300 exp:£28400

My salary is currently above the experience rate but again I am getting very confused what the 25 percentile is and should I add that to my current salary.
Why is the new threshold lower than my current soc code, is this the minimum entry to the soc code and then they will at later stage release detailed salary and job title for my soc code?

[globalindian]

Thanks sphinx. However I still have the query that is this applicable in my case?
As per Page 13:
Please note that those who entered Tier 2 under the rules in place from 6 April 2011 are subject to the £20,300 salary threshold for Tier 2 (General) or the related £24,300 or £40,600 thresholds for Tier 2 (Intra-Company Transfer). Therefore they will need to be earning at least the relevant threshold amount when they make their next application, even if the appropriate salary rate stated in the relevant table is lower.
Only those who entered Tier 2 (or the work permit arrangements) before 6 April 2011 may be paid below these thresholds, when they apply to extend their stay, change employment, or settle in the UK. However, in most of these cases, the “experienced worker” rate will apply; the “new entrant” rate will only be relevant to those applicants who have been in Tier 2 and/or the work permit arrangements for less than 3 years and 1 month in total when they make their next application.
So does this mean in my case I have to definitely show new salary even if I was on work permit extension before April 2011?
Can you please clarify?

@globalindian - Regards to your first point - the new threshold of 40600 - in the statement of intent section 'Changes to appropriate salary rates for occupations'- its already mentioned that -

New tier 2 ICT application in long term staff category, employee will have to be paid 40,600 gbp. (which means - This threshold is only applicable for new applications in T2 ICT LTS category)

For extension/ settlement - the transitional arrangements on page 10 is applicable - which states that -

• The new criteria will apply to Tier 2 migrants who were already in the route before 6th April (and to work permit holders) if they make extension or change of employment applications relying on Certificates of Sponsorship assigned on or after 6th April, or if they make applications for settlement. However, the new rates will only apply at the point they make their next application, not during any leave they have currently.
• Tier 2 migrants whose Certificates of Sponsorship were assigned using the old SOC 2000 system will need new Certificates of Sponsorship using the SOC 2010 system when they make their extension application.
• The new £35,500 earnings threshold for settlement will apply to settlement applications made on or after 6th April 2016. Those applying before 6th April 2016 will continue to be exempt from an overall settlement threshold but must be earning at least the appropriate rate for their occupation at the time of their settlement application.


I hope this clarifies most of your doubts. (Gurus pls correct me if im wrong)

[singhilr]

can anyone pliz confirm that new salary requirement for a band 5 nurse SOC code 2231 applying for ilr should be £21,176 n not 25% on top of it
http://www.homeoffice.gov.uk/publicatio ... iew=Binary
i am really confused about this 25% coz mine SOC code havn't got new or experienced worker rate.
please reply
thanks

[timarli]

hi guys,

i am currently on tier 2 and looking at the statement , I understood that when i am due to renew or extend my current permission, the salary for my job which was £30000 should it be £7500 above the £30000 thus £37500( 25%)?
or is it 25 percentile above the base rate which i do not know how to find it .

my soc code used to be 2132 and now it is either 2136 or 2139 which have the following requirement
2136, new :£24000 exp:£29800
2139, new :£20,300 exp:£28400

My salary is currently above the experience rate but again I am getting very confused what the 25 percentile is and should I add that to my current salary.
Why is the new threshold lower than my current soc code, is this the minimum entry to the soc code and then they will at later stage release detailed salary and job title for my soc code?

In my opinion you misinterpreting the report. From what I understand; they have done a study by looking at the salaries of many people doing that job and took the salary of lowest 10 percent to find that "new entrant" figure. Likewise the average of bottom 25% gives the "experienced".

For example if you have 5 people doing the job X and their salaries are 100, 110, 120, 130 and 140. The 25 percentile salary will be 110 and 75 percentile will be 130.

So I don't think you need to add or subtract anything from the figures in the report. You need to earn more than "experienced" rate for ILR.

[Kevin24]

I think we are getting confused. My understanding is that, Employer should follow what is published in the New Code List. As new SOC code list it is clearly given what a New entrant should be paid and like wise an experienced Worker for the relevant Code,which matches your list of duties.

[sadol40]

thanks timarli,

you are correct i was getting percantage and percentile confused. thanks very much for clarifying

however i am still confused on the new soc code
under the old soc system you had for instace soc code 2132 which has around 40 job titles under it
this soc code hasnow been divided to three soc codes under the new system which are 2136 , 2139 and something else

so if i fall under 2139 which has the rates mentioned earlier, the exp rate is lower than what was required for my job title under the 2132 .
does this mean as long as i earn the exp rate i am ok or are the job descriptions within each to follow

thanks

[ann771]

Hello, can someone help me with my query please. In the statement it says,
"The new criteria will apply to Tier 2 migrants who were already in the route before 6th April (and to work permit holders) if they make extension or change of employment applications relying on Certificates of Sponsorship assigned on or after 6th April, or if they make applications for settlement. The updated salary thresholds and appropriate rates reflect changes in UK earnings and we expect migrant workers’ pay to have risen in line with that of settled workers. However, the new rates will only apply at the point they make their next application, not during any leave they have currently."

I am due to apply for extesion April 2014 (got initial T2 General in July 2011). my current salary is £23k. according to my new SOC code, experienced worker salary is £21,800 p.a.

my questions is:
during my extionsion next year, what salary is appropriate for me? Experienced worker salary of £21,800 or 25% of my current salary (25% of 23k is 5750, so salary during extension to be £28,750)?

would really appreciate if someone could help, thanks

[sadol40]

ann771, can you please stop spamming the thread. if you simply pay attention to the answer giving by timarli 2 or 3 posts above you will get your answer

[singhilr]

can someone answer my query please,coz in my new soc code 2231, no new or experienced rate is mentioned but a pay scale of £21,176 is given for a band 5 nurse.so if i apply for ilr after 6th april ,what salary requirement will i need to meet ...£21,176 or 25% on top of it...pliz answer
thanks

[timarli]

can someone answer my query please,coz in my new soc code 2231, no new or experienced rate is mentioned but a pay scale of £21,176 is given for a band 5 nurse.so if i apply for ilr after 6th april ,what salary requirement will i need to meet ...£21,176 or 25% on top of it...pliz answer
thanks

singhilr, in the "statement of intent" they don't mention "25%" anywhere.

They're talking about "25 percentile" which is something different to 25%.

So you will need to meet the figure in the new rules. You don't need to add 25% or 55%.




My question is: is this new salary requirement something that can be challenged? I will be eligible to apply end of this year however I may not meet the required salary of £28K.
I believe their biggest argument will be: "the rules say: You must meet all the requirements of the Immigration Rules at the time when you make your application." which is written almost on every single page of UKBA website.

But that warning is something new. When I was coming as a WP holder it wasn't there and I made a decision based on the fact that as long as my circumstance doesn't change I would be able to apply for settlement. If they introduce this new requirement they're simply changing the rules without any warning?

What do you think, is it something that can be challenged? Any point writing to my MP?

Btw my position was in the "skills shortage list" back then, does that give any advantage for ILR application?

[singhilr]

can someone answer my query please,coz in my new soc code 2231, no new or experienced rate is mentioned but a pay scale of £21,176 is given for a band 5 nurse.so if i apply for ilr after 6th april ,what salary requirement will i need to meet ...£21,176 or 25% on top of it...pliz answer
thanks

singhilr, in the "statement of intent" they don't mention "25%" anywhere.

They're talking about "25 percentile" which is something different to 25%.

So you will need to meet the figure in the new rules. You don't need to add 25% or 55%.




My question is: is this new salary requirement something that can be challenged? I will be eligible to apply end of this year however I may not meet the required salary of £28K.
I believe their biggest argument will be: "the rules say: You must meet all the requirements of the Immigration Rules at the time when you make your application." which is written almost on every single page of UKBA website.

But that warning is something new. When I was coming as a WP holder it wasn't there and I made a decision based on the fact that as long as my circumstance doesn't change I would be able to apply for settlement. If they introduce this new requirement they're simply changing the rules without any warning?

What do you think, is it something that can be challenged? Any point writing to my MP?

Btw my position was in the "skills shortage list" back then, does that give any advantage for ILR application?

timarli, i am not sure about the outcome but it can really be challenged in the court of law if it can be proved : You must meet all the requirements of the Immigration Rules at the time when you make your application." wasn't on ukba website back in time and a very competent solicitor to pursue the case.is there not any chance of you getting a payrise .
n regarding my query as i said in my soc code 2231,no new or experienced rate is mentioned but scale of £21,176 for band 5 nurse is given,do you think as long as my salary is above £21,176 i will be fine.
thanks