Tier2 Salary Requirement and Employer's Flexibility

[gschandel]

Hi all,

I have been offered an ITPM role in NHS where the salary is £30,764 and HCAS is £6,152 which totals £36,916 where the minimum requirement for an experienced ITPM is £40,000.

I spoke with the recruitment manager who said that they can not offer me the role as they can not meet Tier2 General visa requirements due to salary issue. I had £35,000 salary in my last job so I asked if they can match it and when HCAS added, it will be more than required salary.

The manager said that they can not offer higher than the advertised salary as UKBA will not accept it. According to her UKBA will only allow what was advertised in first place.

I am not sure if her comment is correct. My belief is that if a candidate has better experience and have passed the Labour Market Test then the employer should be able to increase the salary or match his last salary even if the advertised salary is less that what candidate is asking for.

Could anyone please guide me here. They offered me the role but taking it back due to the above issue. The whole process has taken four months by now and I only have one more month to get a job else leave.

Any guidance or direction to the right place will be really great help.

Kind Regards,

GS

[manci]

read para 28.21 - 28.23 in the sponsor guidance
https://www.gov.uk/government/uploads/s ... _04-14.pdf

[moonlight55]

The offered salary has to be in the range mentioned while conducting RLMT. If they want to offer more than advertised, the employer has to conduct RLMT again stating the higher salary. That's what UKBA guidance says.

[moonlight55]

My post crossed with Manci . Manci has pointed to the exact working.

[gschandel]

The Recruitment Manager has declined to do the RMLT with higher salary as this will not be authorised by her board.

If I leave the country and then take this offer, can I come back again in UK immediately (leave in September'14, apply for visa for this offer and come back in September or October 2014)?

Is it possible or do I have to wait for a while before I can come back?

I only have two more months left to get the new visa or extension.

Please guide.

GS

[gschandel]

My post crossed with Manci . Manci has pointed to the exact working.

Could you please guide for:

The Recruitment Manager has declined to do the RMLT with higher salary as this will not be authorised by her board.

If I leave the country and then take this offer, can I come back again in UK immediately (leave in September'14, apply for visa for this offer and come back in September or October 2014)?

Is it possible or do I have to wait for a while before I can come back?

I only have two more months left to get the new visa or extension.

Please guide.

GS

[Frontier Mole]

If you leave the UK and your current visa expires you will have a one year cooling off period before you can return.

[gschandel]

If you leave the UK and your current visa expires you will have a one year cooling off period before you can return.

That'll not be a good idea then.

Can I work in my wife's company where she provides contractors to other businesses. I can buy 10% shares and can work as a limited company contractor. Will this be acceptable? Many companies can offer me a contract but can only do if I work through a limited company.

Regards,

GS

[Frontier Mole]

That is a no!

[pythonista]

I have a related question here.

My RLMT job post has the salary range mentioned as 30-35K GBP and is due to complete 28 days tomorrow.

Meanwhile, I negotiated and my employer has agreed to pay me more (approx 45K GBP).

Is there anything that can be done to save me from another 28 days waiting period for new RLMT with updated salary?

Please suggest me all the legal alternative options.

Looking forward to a quick response as time is less.

Thanks in advance.

[Frontier Mole]

Are you in the UK and switching job or out of the country waiting for a restricted COS?

[pythonista]

Out of country using restricted CoS.

[Frontier Mole]

No choice, has to be advertised again.

[pythonista]

Are the following ways not viable at all?

1. Updating the salary in the existing job post whilst keeping the job post date the same.
2. Paying the difference as a bonus amount, relocation expense etc. and/or revising the salary after 3 months to 45K under the process of completion of probation period.

[Frontier Mole]

No and no
Print out of advert is required on day one and day 28 so that is out.
If no bonus is put in the advert then the advert is not valid.

If UkVI inspect the sponsor they will discovered the restricted COS has been played about with and that puts them and you at risk.

If the Sponsor wants to take that chance then they are putting all their sponsoredv staff at risk....

[gschandel]

Hi all,

Thank you for your insights and helpful thoughts.

I spoke with the manager and she can not do it. I am now back to square one now after four months exercise.

Could anyone please guide me or direct me towards the right point that what should I do now. I have only two months left on my visa and currently few companies are offering the tier2 but that is also on a lower salary which puts me out due to being experienced.

Could anyone know any list of companies or any agencies who can help me find my new job where I can get tier2?

I am a project manager, specialised in change, process improvement, IT and systems and transformation. I am willing to work on BA, Sr. BA, Jr. PM or PM or any similar roles.

Any help, guidance, direction or offer will be gratefully accepted.

Kind regards,

GS