Tier 2 General Extension Salary Experienced / New Entrant ?

[matrix123]

Hi all,

I have a difficult time coming up over the coming months, thought of seeking advice here:

History:

September 2012 - Entered UK with a Tier 4 Student Visa valid until end of Jan 2014

September 2013 - Finished my masters degree in UK.

November 2013 - Switched to Tier 2 General under Code "2123 Electrical engineers" with Leave to Remain until end of Nov 2016 (3 years)

November 2016 - Tier 2 General extension to be applied November 2016, have received my annual salary appraisal for this year which is £29,850. Age at time of extension will be 28 years.

The code of practice SOC requires experienced electrical engineers to earn £35,600.

I read the forums and gather that since my last degree will more than 3 years 1 month and I will be older than 26, I will need to reach salary of £ 35600 ??

Can any of the experts (@ Manci , geriatrix ) confirm my understanding...

thanks very much for the help.

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matrix123

[manci]

Unless you work in the electricity transmission and distribution industry you'll need a salary of £35,600 for a 39 hour week (which can be pro-rated down if you work fewer hours). Explain the situation to your sponsor, may be under the circumstances they will be willing to increase your salary. Be aware that salary thresholds may be increased in the autumn, so if your sponsor is amenable to a rise don't leave the application until November.

[matrix123]

Thanks for the prompt response Manci !!

Yes I am not in electricity transmission and distribution industry.

I will start pushing my employer and start applying for jobs with other sponsors as well.

thanks so much for providing some clarity. Much Appreciated

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matrix123

[matrix123]

Hello Manci

an update at our end, our total package (Basic salary+confirmed benefits) has been increased more than 35600, we are filing for visa extension next month.

is there any other aspect I need to worry about as:

- I will only have one salary slip for October 2016 showing the increased salary and my last few month bank statement will show the older (less than 35600) salary being paid by my employer. Can this create a question from the CO that my company was trying to circumvent the rules ?

[manci]

You don't need salary slips and bank statements for a T2G extension application, what the sponsor states in the CoS is sufficient. keep an eye on the min. salary levels though, they may increase between now and when you will be applying later this year.

[aoma9842]

Hi manci

Can you kindly help me with the following query.

I want to apply for my T2G extension but the experienced salary is way too high. Im thinking to request my company to reduce my working hours and pro rata the salary. My soc 3545.

Just want to confirm whats the minimum working hours I can reduce it to?is 30hrs sufficient?

Thanks in advance

[manci]

If you currently work, say, 39 hours a week and this is suddenly reduced to 30 the Home Office may well decide to investigate the genuineness of the job. Talk to your sponsor as they, not you, are ultimately responsible for the sponsorship and your hours of work.

[aoma9842]

Hi Manci

I got quiet few months till my visa expires. If I apply with 30hrs and UKVI rejects my visa will it also invalidate my current visa? Also can I reapply with 39hrs if my first attempt gets refused?

Thanks a million

[Frontier Mole]

Reducing your working hours to meet the experienced salary requirement is a noted abuse trend. As Manci says expect there to be a query on the reduction of hours.
Things to note:
If the sole purpose of the reduction in hours is meet the salary requirement your visa will almost certainly be refused.
If you are the only individual that has their hours reduced in your company then it will point to the above too.
There are possibly negative outcomes in regards the Sponsor licence as a whole if there is a compliance visit to your company. There is a very dim view of any Sponsor undertaking this type of activity unless it is applied to the whole workforce and there is also the dishonesty element as it is plainly not going to be the case you will only work the reduced hours.
The genuiness of the role will also be questioned, which again puts the licence at risk.

[aoma9842]

Thanks a million for your reply. I dont think my employer will bump my salary by 8k. Its a small company with 6-8employees and im the only sponsored worker. May be I will take the chance. Also just wanted to confirm do my current visa gets invalidated if my extension application gets refused?

[Frontier Mole]

Your current visa will remain valid till the expiry date. If the decision is made after the expiry date you will have 28 days assuming it is a refusal to either apply with a new COS / Sponsor, change to another immigration route or leave the UK.
After that you are an overstayer.

You will need more than luck to get a visa in your stated circumstances.