Tier 2 - salary increase more than SOC range + no RLMT

[pittger]

Hi everyone!

I hope you are all great I would very much appreciate any help!

My case:
- I changed from a Tier 4 to a Tier 2 on February 2015 so my sponsor was excempt of a Resident Labour Market Test (RLMT)
- My job was advertised in 18-22k, and I received 22k (the upper band)
- My SOC code salary range is New entrant: £20,800* / Experienced: £24,300
- My sponsor wants to raise my salary to 26-30k which is more than the SOC code salary (20-24.3k)band and also more than the salary job add (18-22k) for which I applied (although no RLMT was required due to the TIER 4)
-My responsibilities would not change in nature, I would just be having a raise of salary and maybe a change from researcher to lead researcher.

My question:
Do I need to apply for a new Tier 2 visa, considering the above? or can my sponsor just notify the authority? or nothing needs to be done?

I have researched online but I couldnt find information on what happens when there is a salary increase, but there was no RLMT to act as a reference point, and my job description would remain the same (researching) but from one level above.

Thank you very much for all the comments and help!

[moonlight55]

Looks like your job responsibilities remains the same i.e. the same SOC code will apply. hence, no need to apply for a new visa. Salary hikes are possible in any job and it should be fine.

[pittger]

@ moonlight55

Thank you for your quick reply!

And sorry for the question but to confirm: So even if I am promoted from say "research analyst" to "lead researcher" ,with the mentioned salary changes, but the nature of my responsibilities remains the same - i dont need to reapply, or contact via SMS (or somehow) the authority?

Cheers!

[moonlight55]

Promotion often means additional responsibilities. Promotion and salary hike are two different things. A title change may lead to SOC change as well. Your employer needs to decide on the appropriate code. If there is a change in code, they will have to conduct RLMT (if the job is not exempted) and you need to apply for a new Tier 2 visa. I feel there are quite a few ifs and buts in your case. Would not be surprised if UKVI contacts the employer for further inquiry.

[hassanh]

Hi Pittger,

You do not need to apply for Tier 2 visa as there is a pay rise on performance basis. Although, your employer will need to notify UKVI about this change through SMS system. This is to be done within 10 working days from the pay rise date.

Thanks,
Hassan

[mansoorash]

My question:
Do I need to apply for a new Tier 2 visa, considering the above? or can my sponsor just notify the authority? or nothing needs to be done?

I have been on tier 2 since September 2012. My salary at that point was £20,800 and now it's £31,000. Never sent a notification through SMS. Don't think I needed to as the increase can be classified as an annual increment (even though the term itself is very subjective).

If this was the case, then everybody who needs to extend their Tier 2 visas will have to notify UKVI through SMS because the difference between a new entrant and experienced salary is normally significant. Because by the time it's time for an extension application, you are meant to be on experienced rate anyway. This is just my understanding.

[terriblescream]

I had two increments since my Tier 2 from April 2013 we never notified via SMS as it was annual increment..

I don't think it should cause issues..same role same SOC code

What do you think

[pittger]

Thank you everyone, it is very helpful to hear your cases and experiences. I think as you mention, the rules are in most cases subjective on this regard and there are a few grey areas - which dont cover every case and leave room for second-guessing (and mistakes too). I think, however, there should be no issue with this, but I believe my sponsor will call the employers help line to confirm the situation too. I will comment this with my sponsor all this and see how they decide to proceed!

cheers everyone

[chbagan]

Hi Pittger,

Could you please tell us what you finally did after speaking to your employer?

I am in a similar situation whereby my salary has increased to an amount more than an experienced worker for the SOC code I am on. My company has not notified the home office through the SMS.

My increments were performance based and not annual increments.

Does my company still need to notify UKVI? Or can they leave it for now?

Thanks for your help!

[terriblescream]

Hi Pittger,

Could you please tell us what you finally did after speaking to your employer?

I am in a similar situation whereby my salary has increased to an amount more than an experienced worker for the SOC code I am on. My company has not notified the home office through the SMS.

My increments were performance based and not annual increments.

Does my company still need to notify UKVI? Or can they leave it for now?

Thanks for your help!

I think apart from annual increments you have to notify UKVI, better do it than leave!