Tier 2 general extension salary code of practice

[nezinho]

Dear All,

I have a question that I'm sure you have all dealt with before but I can't seem to find the answer.

I obtained my original Tier 2 General after 6th April 2011 (October 2011 to be exact). I am applying for a Tier 2 extension in a few months and I have noticed that one of the requirements for a Tier 2 General extension is that my salary conforms with the "Codes of Practice for Skilled Workers" document. In the SOC code that applies to my job, it mentions that my minimum pay must be £29,900 under the assumption of 39 hours a week.

The problem is that I earn £29,500 but my contracted hours are 38 hours a week.

My questions are:

1. When I apply for the Tier 2 General extension will the UKVI pro-rate my salary up to 39 hours a week? If they do then my pro-rated pay is then £30,276 which is sufficient.

2. Or will they pro-rate their requirements down to 38 hours a week. If they do then their pro-rated requirement will be £29,133.

3. Or will they do neither and just use my salary as it currently stands?

Please let me know your thoughts as I am getting very anxious. Many thanks for your help.

Nezinho

[manci]

your weekly hours of work and salary will be stated in the CoS. If the salary is £29,134 or more for a 38 hour week you meet the requirements assuming the appropriate salary for your SOC code is £29,900 for a 39 hour week.

[safatafa]

So you mean to say if i was earning annually 25783 for 37.5 hrs can i prorate that to 40 hrs per week?

i had asked a question to MAC and the home office guy replied as follows

"Your query has been passed to me by the MAC.

The minimum salary rate in the codes of practice for SOC code 2119 is based on a 40-hour week. If you are contracted to work a different number of weekly hours, you should pro-rata the rate accordingly.
"

if i prorate i meet the requirement for indefinite next year.

can you please advice manci

[manci]

for SOC code 2119 the min salary is £27,000 and it is based on a 40 hour week. If you work 37.5 hours then you only need 37.5/40 * £27,000 = £25,313 to pass the threshold. Note that the min. required pay may increase by the time you apply for ILR next year.

btw - what email address did you use for your enquiry to MAC and what email address did the HO reply come from?

[safatafa]

HI Manci

I emailed MAC from their website with my query and they passed it on to a person in home office
forename.surname @homeoffice.gsi.gov.uk
Home Office | Migration Policy
PO Box 3468, Sheffield, S3 8WA | Tel: 0114 207 8373
 Please don't print this e-mail unless you really need to

dont want to disclose names in forum.. sorry

[safatafa]

thanks for the reply manci , you are a life saver.

i know about the potential rise but we just have to wait and see. For now i will have the peace of mind

[sadietaber]

Hello to bring this up again.

If we state on my Cos request that my salary is £40,300 (the minimum for SOC code 2133 for a 39 hour week) but my contract states 38 hours - that it will be accepted as 38/39 is £39,267? I have heard that they pro-rate up from 39 to 40, but not down?

Any advice would be very appreciated. Thank you!