Tier 2 Extension - Experienced Salary Rate

[Expat2009]

Hello,

I am seeking some guidance on Tier 2 extension, especially with regards to the requirement of 'experienced' salary rate.

I am currently on a Tier 2 visa (switched from Tier 4) that was granted in late 2014 for a period of three years. I was hired as a permanent employee and it was/is expected that I would be granted a renewed CoS to extend my visa further.

After this three year period, I would be an 'experienced hire', needing the 'experienced rate' to be able to successfully renew my visa. The company wants to keep me for the long term (if we ignore the visa aspect for a moment). However, they are (at the moment) reluctant to assure me that they would pay me that number when the time comes; especially considering that it is revised (going up) every April. I am also aware that the guideline for employers states:

26.5You should not sponsor a migrant at the new starter rate if you expect that you will want to sponsor them for more than three years and you will not pay them the experienced rate after this time. Please remember that these rates will be updated every year to reflect the latest available salary data.

I am hoping that the company would come in terms with the experienced rate, as there is a well-understood shortage of my discipline in the industry (but it is not on the shortage list!).

So my question is, does clause 26.5 in the Tier 2 and 5 of the Points Based System Guidance for Sponsors make it 'mandatory' for the company to pay me the experienced hire rate to comply with it? (Note that I was hired as a permanent employee).

Regards,
Expat2009

[Frontier Mole]

It is not a mandatory requirement that a company pays the experienced rate at the point of the extension.
If they can't or won't offer you the appropriate rate for the role at the time of the extension then you will be unable to successfully extend your visa.